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Home My WebLink About FULL PACKET_2006-10-16(PJC 3121106) ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 24 OF THE SANTA ANA MUNICIPAL CODE RELATING TO PRIVATE SECURITY SERVICES THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Business and Professions Code § 7582.5 authorizes a city to impose local regulations upon any street patrol service. Such regulations include requiring the street patrol service to register with an agency to be designated by the city. In addition, a city may refuse registration to any person of bad moral character and may impose reasonable additional requirements as are necessary to meet local needs. B. A city may also impose local regulations upon any employee of a private patrol operator who is unable to furnish evidence of current registration pursuant to Business and Professions Code § 7582.5(f). C. Due to changes in the law and as part of the City's continuous improvement process, it is appropriate to review and update the City's regulation of private patrol services. Section 2. In accordance with the California Environmental Quality Act (CEQA), adoption of this ordinance does not meet the definition of a "project" under CEQA, as such, the proposed project is exempt from further review per Public Resources Code Section 21065. Section 3. Chapter 24, Sections 24-1 through 24-4 of the Santa Ana Municipal Code are hereby amended to read as follows: Sec. 24-1. Definitions. For the purpose of this chapter certain words and phrases shall be construed as follows, unless it is apparent from the context that a different Ordinance No. NS-XXX 11 A-1 Page 1 of 4 meaning is intended: Pafrol system and patrol service means any private service or private system which purports to furnish or does furnish to members or subscribers any watchman or guard, either uniformed or otherwise, to patrol any part of the territory of the city or to guard or watch any property, including guarding against theft, fire, or both, or to perform any service usually and customarily performed by the city police force. Sec. 24-2. Registration Required All private patrol operators providing patrol and/or standing guard service shall register their names and file with the Chief of Police a copy of their current state identification card, evidencing a license pursuant to Business and Professions Code Sections 7580 et seq. Only a business license application and fee shall be required for registration. Sec. 24-3. Patrol and Standing Guard Regulations. (a) Compliance with State Law All private patrol operators shall comply with applicable provisions of Business and Professions Code Section 7500 et seq., applicable provisions of the Vehicle Code regarding vehicles used in private patrol operations, and applicable provisions of the Penal Code regarding the use and carrying of weapons. (b) Identification and Qualification Cards. Each private patrol operator shall carry his/her private patrol operator ID card issued by the State Department of Consumer Affairs and any firearm or baton qualification card on their person at all times while on duty as a private patrol operator. Each operator shall also file copies of any other pertinent identification cards, licenses, and/or certificates. (c) Verbal Identification. Upon confrontation with any unknown individual, a private patrol operator shall immediately identify himself or herself as a private guard or patrol operator. (d) Uniforms. A patrol officer shall not wear any uniform which is an imitation or can be mistaken for an official sheriffs uniform or an official police uniform of the police force of any city within the county or an official uniform of any state officer. (e) Cooperation with Law Enforcement. An operator shall cooperate fully with the Police Department to provide Ordinance No. NS-XXX Page 2 of 4 11 A-2 information regarding the time and location of street patrols and other pertinent information upon request. (f) Refusal, revocation or suspension of registration. When the chief of police finds that any person registering under the provisions of this chapter is a person of bad moral character or has violated any of the provisions of this chapter, he may refuse, revoke or suspend registration. No such refusal, revocation or suspension shall become effective until the registrant has been notified in writing by certified mail of his right to appeal pursuant to the provisions of Chapter 3 of this Code. If a timely appeal is filed, the refusal, revocation or suspension shall be effective only upon final decision of the city council. Otherwise, the refusal, revocation or suspension shall become effective after the timely appeal period has expired. State Law References: Authority to regulate, see § 7582.5, Bus. and P. Code. Sec. 24-4. Violation. It shall be unlawful and a misdemeanor for any person to operate as a private patrol operator providing patrol and/or standing guard service without Police Chief approval and compliance with this Chapter. Private patrol operators are regulated pursuant to Business and Professions Code Section 7580 et seq. To operate, business licenses must be continuously maintained and updated annually. Section 4. Sections 24-5 through 24-18 of the Santa Ana Municipal Code are hereby deleted in their entirety. Section 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of , 2006 Miguel A. Pulido Mayor Ordinance No. NS-XXX 11 A-3 Page 3 of 4 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Paula J. Coleman Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS-XXX Page 4 of 4 11 A-4 ORDINANCE NO. NS-2726 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING THE PROPERTY LOCATED AT 407 NORTH MCCLAY STREET FROM PROFESSIONAL (P) TO SINGLE-FAMILY RESIDENCE (R1) (AA NO. 2006-03) THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana does hereby find, determine and declare as follows: A. Amendment Application No. 2006-03 has been filed with the City of Santa Ana to rezone the property located at 407 North McClay Street from Professional (P) to Single-Family Residence (R1). B. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on July 24, 2006 on General Plan Amendment No. 2006-01 and Amendment Application No. 2006-03. The Planning Commission determined by a vote of 4:0 (Gartner and Lutz absent) to recommend that the City Council adopt a resolution denying General Plan Amendment No. 2006-01 and Amendment Application No. 2006-03. C. On August 21, 2006, the City Council of the City of Santa Ana held a duly noticed public hearing on General Plan Amendment No. 2006-01 and Amendment Application No. 2006-03. At the applicant's request, the City Council continued the public hearing to the September 5, 2006 meeting. On September 5, 2006 the City Council continued the matter to October 2, 2006. D. The adjacent properties on North McClay Street are zoned R1 with general plan designation of Low Density Residential (LR-7). E. Based upon the evidence referenced herein, including all oral testimony before the Planning Commission and the City Council at their respective public hearings, the proposed Amendment Application No. 2006-03 to rezone property located at 407 North McClay Street from Professional (P) to Single-Family Residence (R1) bears a substantial and reasonable relationship to the public welfare. F. Based upon the evidence referenced herein, including all oral testimony before the Planning Commission and the City Council at their respective public hearings, the rezoning of 407 North McClay Street would be consistent with the appropriate planning and land use criteria. Ordinance No. NS-2726 Page 1 of 3 11 B-1 G. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15332. This Class 32 exemption allows the construction of infill projects on sites less than five acres in size. Categorical Exemption No. 2006-25 will be filed for this project. Section 2. The City Council of the City of Santa Ana after conducting the public hearing hereby approves Amendment Application No. 2006-03. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to:; the Request for Council Action dated August 21, 2006 and exhibits attached thereto; the Request for Council Action dated September 5, 2006 and exhibits attached thereto; Request for Council Action dated October 2, 2006 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Section 3. The real property located at 407 North McClay Street in Santa Ana is hereby reclassified from Professional (P) to Single-Family Residence (R1). Amended Sectional District Map number 8-5-9 showing the above described change in zoning district designation, is hereby approved and attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein. (AA No. 2006-03). Section 4. The Clerk of the Council shall attest to and certify the vote adopting this Ordinance. ~l- tt![ 4~A!~~i~4u? ~',i.~,~Fi~ttia ! ~'~~ ini , ~.. t t E SI~..~~ 16 ~ i+. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney Kylee O. Otto Assistant City Attorney Ordinance No. NS-2726 Page 2 of 3 11 B-2 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-2726 to be the original ordinance adopted by the City h::= Council of the City of Santa Ana on '` ` ,"'~,i~~~F~ and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Patricia E. Healy Clerk of Council City of Santa Ana Ordinance No. NS-2726 Page 3 of 3 11 B-3 SEVENTEENTH 4401 I :5d , I u I I IIUL~.~L.^J I ~ }59 I a _ -_ ..-.-.-. :Y - ~ ..-.-... I max%-., I' C5 ~R4 ° 'law _ Ri B r Ri i -q1...._. B; R1-8 ~' C5 R7 ~ Rt ; I .. V! 'C5 .A,F R1 Q ~ ° Ri R1 PI j C5 c p1 R1 el Y R4 ~ ft R1 R7 -"I 1 ~ AS R7 ~ R1 Hi o -S n''., R3 4~A 4 I ,. J Nq R3 R1 ~ R1 Y I I PRI Po R1 SD-21 Ri R1 ~ R1 9c`F$ i fli 9L R1 r ~ ~ R7 R1 R1 ". n] p m_'_ _.. i '.I Z Li a 0 ,. P ' P R2 r .--nom J R2 > R2 ~R2 - R2 Mt P.s C2 R2 Rz6 " ~~ R2 C2 R2 C2 ° I ]] B' C2 d' dd t~ C2 CF I .... ,. +e rn n4~~ FIRST C5 cg CS "~ f=~ 91 R4 a ST. LJ I 6.'*J ~' 990 C1 R4-PRO ~ W Q n P _I I -i ..;A P --i. `, 8 1 !li a RI fl1 Ri R1 0 ~ ; p4 p P _.w._ , P ~ P O ~~ p P H __... Ym d P d SD-54 ~ DE ''. cuy or D CS ,µC5 C1 Tustin ... ' s:, __ ] _ f. rA('~~Q I lire msu ST. SEC 1 KNiAL DASIR ICI' MAF &S9 ~ ~ ' ADOPTED BYTHE SAMp ANACITYCOIINCIL, AUGUST t1.19~BY0POWANCE NSON Al GENERAL AGRICULNRAL GSM SOUTH MAIN 9TflEET COMMERCIAL DISTRICT R1 $INOLE~FAMILY RESIDENCE -B PARKMG MODIFICATpN GC GOVERNMENT CENTER R1-COW SMALL LOTSINGLE~FAMILY RESIDENCE C1 COMMUNITYCOMMERCIAL Mt LIGHTINDUSTRIAL R2 TVYDFAMILY RE910ENCE CI#ID GOMMUNITYCOMMERCIAL~MIISEUM DISTRICT M2 HFAW INDU5FRIAL R3 MULTiPLE~FAMILY RESIDENCE C2 GENERAL COMMERCIAL MO MILRARYOPERAT10113 RC SU9UPBANAWRTMENT CO CENTRAL BUSINESS 0 OPEN SPACE RE PESIDENTIAL ESTATE CS-A CENTRAL BUSINES6~ARTISTS'NLLAGE P PROFESSIONAL SD SPECIFIC OEVELOPMENL Ca PLANNED SHOPPING C[NT[R PCD PLANNED COMMUNITY DEVELOPMENT SP SPECIFY. PLAN C5 AIiTERiALCOMMERC1At PO PLANNED DEVELOPMENT CR COMMERCLU. RESIDENTIPL PRD PLANNED flESIDEMIAL DEVELOPMENT IOW FEEL' r~ 8? iNIMUm %PGwiAGE ~~ 6CN MWIMUM LOTMEA MP> 4gPC YI]PLflECIgW1 g3lNGL YN CA iXE C M CP 9pMe µn }Pxnmxinu xrnnmalm. gesourwxxe. u+w. wrto wlYCa " iCP[BYIrtiF.SI q•b VAVtM1PiPeE .a ONxI xp18R115WN.eiSiP.{:l MV NO AS1 YVw [MtWirvEpPHllaa ft.VMINl6Po11tebp lpE(iV remA'.qu Gm XES IAAI,WA.M M%J g10.~gE5. M1. VwJp mvrEOO.re " uwgoveu qlE IYA.I.1NA Xp M6/PEP. M. WlE errgwso WPo 41%tt fJn X31A0 A]G M.,,t'n ~ AA.>IB M.f A] n ~ AANd X&1W} IInATI ,11IX,f ryb i AA BN XS~MN .VI}ri F%tw 17t ~ AA Oq Xin.'HI b~ W AA B39 NP~I011 0!fi AA 04) X.414~Y A!fi AA E/] IAn4A Alfi A89> HSnTO 0l+h AA BN Hq-iei ~i O!fi Y.t MIBN 0!9' µppl H fih A"9tl Ya z. KQ PAiT Ig.IWp K! A WM]p Ki NVGgi _ KQ H K4 tl] _ iG4 AICS3 x9gpY Kh A N " PREPARED BY THE PLANNING DIVISION CITY OF SANTA ANA, CALIFORNIA 11 B-4 SANTA ANA CITY COUNCIL COMMITTEE PUBLIC SAFETY Minutes of Meeting March 13, 2006 CALL TO ORDER The meeting was convened at 6:15 p.m. in the Police Department, 60 Civic Center Plaza, 4th Floor Meeting Room, Santa Ana, California. ATTENDANCE Councilmembers present: Alberta Christy, Claudia Alvarez and Carlos Bustamante. Staff present: Assistant City Attorney Paula Coleman, Police Chief Paul Walters, Fire Chief Phil Garcia, Police Cmdrs. Jeff Owens, Tony Levatino, John Gabelman, Sgt. Lorenzo Carrillo, Arson Inv. Moorhouse, Fire Dept. personnel Ben Gonzales and Mary Melendrez. Public present: Paul Cacia, Ray and Evangeline Gawronski, Jim Halsted, and John Kelly. SUMMARY OF DISCUSSIONS 1. APPROVAL OF MINUTES Approved Minutes of the January 9, 2006 meeting. 2. TASER INTERNATIONAL PRESENTATION Jim Halsted, Westcoast Regional Manager of Taser International, gave a presentation of the Taser X26 System. He reviewed the advantages of the Taser device and how it improves officer safety. Officers armed with Taser devices are less likely to be injured, injure suspects and be involved in citizen complaints. The Police Department has been utilizing the Taser X26 on a trial basis. 3. POLICE MUSEUM Mr. Paul Cacia and Mrs. Evangeline of the Santa Ana Police Museum and Heritage Society presented the newly established Police Museum that has been displayed on the 4th floor of the Police Administration Building. Many of the items are from Mr. Cacia's family history who were previous employees of the Santa Ana Police Department. Mr. Cacia stated he would like to introduce the Museum to dignitaries in the City to gain support for the Museum and allow for expansion. Councilmember Christy offered to host a luncheon and presentation to introduce the new Police Museum to the community. 13B-1 2 4. ENFORCEMENT OF ILLEGAL FIREWORKS ON JULY 4TH Fire Chief Garcia introduced the Fire and Police Departments' public awareness campaign for 4th of July 2006 and then turned the presentation over to Sgt. Lorenzo Carrillo and Cmdr. Jeff Owens. Sgt. Carrillo reviewed the educational and public awareness portion of the campaign and Cmdr. Owens reviewed the enforcement objectives and strategies of the campaign. John Kelly, TNT Fireworks, spoke about safe fireworks and limits considered to be safe by state law that can be sold as safe and sane in California. He mentioned that some Assembly Bills are being considered that will address issues of punishment of individuals and trafficking issues from out of state. 5. SOLOMON PROJECT Cmdr. Tony Levatino spoke about the Solomon Project that is a mentorship program for at-risk youth. Councilmember Christy provided further background on the Solomon Project. The program provides intervention and the Gang Detail is identifying youths to become involved in the program. Two grants are being explored under Project Safe Neighborhoods to help fund the project and other churches are being contacted to also become involved in mentorship. 6. PUBLIC COMMENTS There were no further public comments. 7. COMMITTEE MEMBER COMMENTS There were no Committee Member comments. 8. ITEMS FOR NEXT MEETING A. Fireworks Program B. Strike Force Update 9. NEXT MEETING DATE Monday, May 8, 2006 at 6:00 PM, City Hall, 8th Floor, Room 831, 20 Civic Center Plaza, Santa Ana, California. 13 B-2 3 ADJOURNMENT - 8:40 PM PAUL M. WALTERS Chief of Police jc 13B-3 CITY COUNCIL COMMITTEE ON NEIGHBORHOOD IMPROVEMENT/CODE ENFORCEMENT Special Meeting Minutes August 16, 2006 CALL TO ORDER The meeting was called to order at 5:45 p.m. in the Council Chambers, 22 Civic Center Plaza, Santa Ana. ATTENDANCE The following Council members were present: Lisa Bist, Alberta Christy and. Carlos Bustamante Staff present were: Jay Trevino, Executive Director Planning and Building Agency; Kenneth Adams, Assistant Director Planning and Building Agency; Ben Kaufman,. Chief Assistant City Attorney; Bruce Dunams, Community, Preservation Mahager; and, Will Hayes,. Project Manager, Public Wprks Agency. AGENDA ITEMS SHOPPING CART ORDINANCE Bruce Dunams provided an overview of the previous abandoned shopping cart discussion that has occurred at previous NI/CE Council Committee meetings. He summarized the staff proposal to the committee which includes both a containment and retrieval element. He summarized the meeting with Santa Ana merchants in a separate meeting. He stated the markets were generally concerned about imposing both containment and retrieval system. He indicated that markets preferred to work with a retrieval system as base system from which to operate. 2. PUBLIC COMMENTS ON AGENDA ITEM The following neighborhood residents spoke in favor of shopping cart legislation: John Bowery, Julie Stroud, Lolita Inez, Barbara ~Vluirhead, Debbie McEwen, T.C. Bradford, Judy Edge, George Collins, Vicki Yammamoto, Desi Reyes, Evangeline Gawronski, Steve McGuigan, Manny Pinion, Tish Leon, Bernadette Urman, Michael Macres, Glen Stroud and Mary Guzman The following market and cart use vendors provided input from a merchant perspective: Jennifer Forkish, Shawn Thompson, Steve Garcia, Joe Cabrera and Jae Greene 13 B-4 3. COMMITTEE MEMBER COMMENTS Committee member Bustamante offered his comments supporting a containment only system focusing upon the problem as private property issue. He requested staff investigate the legal circumstances under which the code enforcement staff could be granted citation authority for people whom are in illegal possession of shopping carts. He asked that staff investigate the °smart cart" concept now used at the airports. Committee member Christy asked several legal questions regarding shopping carts from outer cities, carts with items not purchased from local markets, shopping carts as transportation for children and infants and shopping carts used as utility vehicles for alternative. transportation and storage.. .She stated that abandoned shopping carts are a primary issue for the merchants. Committee member Bist thanked the group for its participation and asked a number of questions about administrative guidelines and procedures. She asked that the council study session focus upon the greater policy issues rather than the specific details of the ordinancd' She asked that it include an educationaP program as a part of the overall implementation program. She asked that staff investigate enforcement alternatives and additional containment alternatives. ADJOURNMENT - 7:35 P.M. ;.. - __~~°/S-r~/~~ Kenneth Adams Assistant Director Planning & Building Agency KA/rb S: Coundl CommMICE CC/NICE Minutes OB-18-08 Special Neighborhood Improvemenf/Code 2 August 16, 2006 Enforcement Council Committee Minutes 13 B ~J CITY COUNCIL COMMITTEE ON NEIGHBORHOOD IMPROVEMENT/CODE ENFORCEMENT Meeting Minutes August 22, 2006 CALL TO ORDER The meeting was called to order at 5:55 p.m. in Training Room 1602, City Hall Ross Annex. ATTENDANCE The following Committee members were present: Lisa Bist and Carlos Bustamante Absent: Alberta Christy Staff present were: Jay Trevino, Executive Director Planning and Building Agency; Jim Ross, Executive Director Public Works Agency; Kenneth Adams, Assistant Director Planning and Building Agency; Ben Kaufman, Chief Assistant City Attorney; and Bruce Dunams, Community Preservation Manager. AGENDA ITEMS APPROVAL OF MINUTES -JULY 31, 2006 MEETING ' Approved by a vote of 2:0 (Christy absent) SHOPPING CART ORDINANCE Bruce Dunams provided an overview of the comments from the previous City Council study session and highlighted the primary issues from that meeting. He asked that the committee respond to a series of policy questions and provide detailed policy direction to staff for the purpose of developing an ordinance. The committee discussion focused upon complete containment of shopping carts on the site as City Council policy. There was considerable discussion on the penalty component which will complement the containment system. Further discussion focused upon the timing of the proposed ordinance and the effective implementation date. The committee emphasized that they expect a strong educational element which includes multi-language marketing program. The committee stressed the need to have multi-dimensioned educational program using a variety of tools to convince the public to not remove the shopping carts from the merchant's site. The committee then focused upon a detailed discussion on the enforcement components of the program. The committee provided policy feedback on enforcement against both the merchants and the alleged perpetrators. 13B-6 The following spoke in support df stronger shopping carts legislation: Julie Stroud, Marie Hernandez, and Glen Stroud 3. PUBLIC COMMENTS ON NON-AGENDA ITEMS The public inquired: • on the status of hiring community preservation staff • if more enforcement staff may be ailocated'to Westside push cart vending violators 4. COMMITTEE MEMBER COMMENTS Committee member Bustamante asked if the city could place a ban on graffiti making .material. 5. ITEMS FOR NEXT MEETING A. Human Sandwich Signs B. Elevator Parking 6. NEXT MEETING DATE: Tuesday, September 26, 2006 ADJOURNMENT - 7:19 P.M. `i' ~'°~,,,*'~ Kenneth Adams Assistant Director Planning & Building Agency itA/rb S: Coundl CommMICE CCMICE Minutes 08-22-08 Neighborhood Improvement/Code 2 August 22, 2008 Enforcement Coundl Committee Minutes 13 B-7 13B-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 16, 2006 TITLE: APPROPRIATION ADJUSTNENT RECOGNIZING RECREATION SPECIAL FEES AND DONATIOI C MANAGER CLERK OF COUNCIL USE ONLY: APPROVED As Recommended As Amended Ordinance on 1s~ Reading Ordinance on 2ntl Reading Implementing Resolution Set Public Hearing For_ CONTINUED TO FILE NUMBER Approve an appropriation adjustment recognizing $188,529 in recreation Special Fees and Donations revenue account (account nos. 22-O1-various) and appropriate same to the Recreation Special Fees and Donations expenditure accounts (account nos. 22-231-various). From April through June 2006, the Parks, Recreation and Community Services Agency received $188,529 in special fees and donations to fund events, programs and projects that benefit the residents of Santa Ana. Carnival Promotes paid $29,000 in fees to re-establish park turf and fund youth programs and improvements at host parks. The Friends of the Santa Ana Zoo donated $82,000 to fund Zoo capital projects. Target donated $15,000 to towards the Summer Concert Series. Tillamook donated $20,000 to help fund the Mother's Day Celebration and the Summer Concert Series. In addition, various donations were received from corporate and private entities to fund specific programs including the Mother's Day Celebration, the Park Naturalist Program, the Summer Concert Series, and the Children's Winter Holiday Party. FISCAL INPACT This appropriation adjustment will recognize $188,529 in Recreation Special Fees and Donations revenue accounts (account nos. 22-01-various) and appropriate same to the Recreation Special Fees and Donations expenditure accounts (account nos. 2 -231-various). APPROVED AS TO F~UjNDS AND ACCOUNT: ~~`. ~nRm~jl~C 1 r~~ Gerardo Mouet Francisco Gutierrez Executive Director Executive Director Parks, Recreation and Community Finance and Mgmt. Services Agency Services Agency 20A-1 20A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 16, 2006 TITLE: CONTRACT RENEWAL FOR OFFSET PRINTING SERVICE (SPEC.. NO. 02-119) ~tlr~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s~ Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Renew the contract with Anytime Printing for offset printing for a one-year period in the annual amount not to exceed $140,000. DISCUSSION The Central Services Section of the Finance and Management Services Agency supervises the duplicating and printing of City stationery, NCR forms, flyers, posters and .envelopes to various City agencies. Jobs of less than 2,000 sheets are copied in-house. Higher volume and enhanced jobs are cost-justified for offset printing by a third party vendor. The offset printing service typically requires a maximum completion period of three days. The contract for offset printing service is designed to provide quality products in a timely manner and at a significant savings based on quantity pricing. On October 21, 2002, the City Council awarded a contract to Anytime Printing for a three-year period, with provision for two, one-year renewals. The vendor has agreed to renew the contract; however, the vendor has requested a five percent increase due to three consecutive increases in the cost of paper stock during the past 12 months. The vendor has performed satisfactorily during the past contract period, and staff recommends the final renewal of the contract. FISCAL IMPACT Funds are available in the various departmental Other Contractual Services accounts (object code 6291). ~\ ~c'M C~nc~.~,~,~s 5r Francisco Gutierrez Executive Director Finance and Management Services Agency FG/KM/02-119RF.2:uc ~ ~"'_~ 22A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: OCTOBER 16, 2006 TITLE: CONTRACT RENEWAL FOR TRAFFIC LINE PAINTING AND TRAFFIC SIGN MAINTENANCE (SPEC. NO. 04-103) APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~~ Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For CITY MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Renew the contract with Orange County Striping Service, Inc. for traffic line painting and traffic sign maintenance for a one-year period in an annual amount not to exceed $498,275. DISCUSSION The Public Works Agency's Street Maintenance Division is responsible for maintaining the streets of Santa Ana. In order to do so, a contract for annual traffic line painting and traffic sign maintenance is required. Contract services include the installation and removal of traffic stripes, pavement markings, curb markings and raised pavement markers. In addition, the contract will provide for the installation and removal or relocation of traffic signs. On September 20, 2004, the City Council awarded a contract to Orange County Striping Service, Inc. for a one-year period, with provision for three, one-year renewals. The vendor has performed satisfactorily during the past contract period and has agreed to renew the contract without an increase in pricing. Staff conducted a cost benefit analysis of utilizing City staff to provide traffic line painting and traffic sign maintenance services. Staff estimates that the proposal from Orange County Striping Service Inc. is still approximately 33 percent more cost effective than providing the same services in house. As a result, staff recommends the second renewal of the contract. 22B-1 Contract Renewal for Traffic Line Painting and Sign October 16, 2006 Page 2 FISCAL IMPACT Funds are available in the Public Works Roadway Markings and Signs Other Contract Services account (account no. 11-623-6291). APPROVED AS TO FUNDS AND ACCOUNTS: James G. oss r/ Executive Director Public Works Agency ~ni1K~y`~ ~, f Ll ~1w_illyg,~d Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency/ JGR/WO/04-103R2.9:uc 22B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 16, 2006 TITLE: CONTRACTS RENEWAL FOR JANITORIAL SUPPLIES (SPEC.. NO. 04-106) CIT MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s~ Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing Far CONTINUED TO FILE NUMBER Renew the contracts for janitorial supplies for a one-year period in a total annual aggregate amount not to exceed $78,625 with: Vendor: Location: Kathco Products Commerce Maintex, Inc. City of Industry Waxie Sanitary Supply Santa Ana Xpedex City of Industry The Central Stores section of the Finance and Management Services Agency provides janitorial supplies such as brooms and brushes, trash cans, cleaners, polishes, soaps, and disinfectants as necessary to maintain the needs of various departments throughout the City. The contracts for janitorial supplies are designed to provide quality products at a significant savings based on quantity pricing. On October 4, 2004, the City Council awarded contracts for a one-year period with provision for two, one-year renewals. Kathco Products, Maintex, Inc., Waxie Sanitary Supply, a Santa Ana vendor, and Xpedex have agreed to the second renewal option to the contracts. However, the manufacturers have requested price increases due to increased costs in fuel, transportation, and insurance. The vendors have performed satisfactorily during the past contract period and staff recommends authorizing renewal of the contracts. FISCAL IMPACT Funds are available in the various departmental Operating Materials & Supplies accounts (object codes 6391). 'T~Cnc ~~i.C~7 ~ ~, s Francisco Gutierrez. Executive Director Finance and Management Services 1g~ I FG/BP/04-106R2.2:uc L. 22C-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 16, 2006 TITLE: CONTRACT RENEWAL FOR INDUSTRIAL PAINTING OF WATER PRODUCTION EQUIPMENT (SPEC. N0. 04-107 ~~_~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s` Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Renew the contract with Spectra Company for industrial painting of water production equipment in an amount not to exceed $30,000. DISCUSSION The City currently operates 19 active water wells and seven water pumping stations to supply the City's drinking water system. Various components of the water system such as pumps, motors, valves, pipelines, and other appurtenances are exposed to the elements or operate in harsh atmospheric conditions. Staff annually inspects components for painting. These components are coated with a protective paint to prevent deterioration. The contract will provide for maintenance painting on an as-required basis, helping to insure uninterrupted operation of all water production facilities. On October 4, 2004, the City Council awarded a contract for a one-year period with provision for two, one-year renewals. The vendor has performed satisfactorily during the past contract period and has agreed to renew the contract without an increase in pricing. Staff recommends the final renewal of the contract. FISCAL IMPACT Funds are available in the Water Utility Water Production & Supply Other Contractual Services account (account no. 64-574-6291). APPROVED AS TO FUNDS AND ACCOUNTS: James G. b2 ss ~- Executive Director Public Works Agency y~cFrancisco Gutierrez Executive Director Finance & Mgmt. Services Agency/~,~' JGR/BP/04-107RF:uc ~f~fD_A 22D-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 16, 2006 TITLE: CONTRACT AMENDMENT FOR FIRE HYDRANTS AND ACCESSORIES (SPEC. NO. 04-110) a-4---r CI Y MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~~ Reading ^ Ordinance on 2"tl Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Amend the contract with S & J Supply Co., Inc. for the purchase of fire hydrants and accessories by $40,000 for an annual amount not to exceed $105,021. DISCUSSION In order to maintain fire safety standards, the Public Works Agency requires an assortment of fire hydrants and accessories. The items are purchased through the Central Stores warehouse for distribution. The contract for the supplies is designed to provide quality products at significant savings based on quantity pricing. On October 4, 2004, the City Council awarded a contract to S & J Supply Co., Inc. for fire hydrants and accessories. The existing stock of fire hydrants is aging and it is no longer cost-effective to repair them. As a result, the replacement of these fire hydrants with new ones caused the current contract limit to be exceeded. Therefore, staff requests approval to increase the contract limit for S & J Supply Co., Inc. to provide uninterrupted purchases of fire hydrants and accessories while new bids are being solicited. FISCAL. IMPACT Funds are available in the Water Utility Water System Maintenance and Acquisition & Construction Water Utility Capital Expense Operating Materials & Supplies accounts (account nos. 64-575-6391 and 66-578-6391). APPROVED AS TO FUNDS AND ACCOUNTS: James G. ss ~ Francisco Gutierrez Executive Director Executive Director Public Works Agency Finance & Mgmt. Services Agency 22E-1 °~ JGR/WO/04-110A.9:uc 22E-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 16, 2006 TITLE:. CONTRACTS RENEWAL FOR SAFETY SUPPLIES (SPEC: NO. 05-085) ~i% C~A""'~~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s~ Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Renew the contracts for safety supplies for a one-year period in the total annual aggregate amount not to exceed $24,851 with: Vendor: Location: American Medical & Hospital Supply Co. Valencia BRW Safety & Supply, Inc. Santa Ana U. S. Safety & Supply Co. City of Industry DISCUSSION The Central Stores section of the Finance and Management Services Agency provides safety supplies such as rainwear, safety vests, safety helmets, respirators, earplugs, safety goggles and glasses, and first aid supplies, as necessary to maintain the needs of various departments throughout the City.- The contracts for safety supplies are designed to provide quality products at significant savings based on quantity pricing. On October 3, 2005 the City Council awarded contracts for a one-year period with provision for four, one-year renewals. U. S. Safety & Supply Co., BRW Safety & Supply, Inc., a Santa Ana vendor, and American Medical & Hospital Supply Co. have agreed to the first renewal option to the contracts. U. S. Safety & Supply Co. and BRW Safety & Supply, Inc. have agreed to renew the contracts with no increase in price; however, American Medical & Hospital Supply Co. has requested a five percent price increase due to manufacturer price. increases. The vendors have performed satisfactorily during the past contract period and staff recommends the first renewal of the contracts. 22F-1 I~ Contracts Renewal for Safety Supplies October 16, 2006 Page 2 FISCAL IMPACT Funds are available in the various departmental Operating Materials & Supplies accounts (object code 6391). Francisco Gutierrez Executive Director Finance and Management Services Agencv!„/ FG/SP/05-085R1.2:uc 22F-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 16, 2006 TITLE: CONTRACTS RENEWAL FOR STOCK PAPER GOODS (SPEC. NO. OS-100) CITY MANAG R RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~` Reading ^ Ordinance on 2ntl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Renew the contracts for paper products for a one-year period in a total annual aggregate amount not to exceed $139,136 with: Vendor: Location: Gale Supply Co. Los Angeles Kathco Products Commerce The Central Stores section of the Finance and Management Services Agency provides paper products consisting of towels, toilet tissue and covers, and paper blankets as necessary to maintain the needs of various departments throughout the City. The contracts for paper products are designed to provide quality products at a significant savings based on quantity pricing. On October 3, 2005, the City Council awarded contracts to Gale Supply Co. and Kathco Products for a one-year period with provision for two, one-year renewals. Kathco Products has agreed to renew the contract with no increase in price; however, Gale Supply Co. has requested an average four percent price increase due to increased fuel and raw material prices. The vendors have performed satisfactorily during the past contract period and staff recommends authorizing renewal of the contracts. FISCAL IMPACT Funds are available in the various departmental Operating Materials & Supplies accounts (object codes 6391). Francisco Gutierrez Executive Director Finance and Management Services L ~~ FG/BP/OS-100 2•uc L (~ L 22G-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 16, 2006 TITLE: CONTRACT AWARD FOR AMBULANCE COTS AND STAIR CHAIRS (SPEC. NO. 06-122) l~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~~ Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to Stryker Corporation for the purchase of ambulance cots and stair chairs in an amount not to exceed $16,665. The Fire Department's Emergency Medical Services Division uses paramedic ambulances in the performance of its duties. To enhance the medical readiness of the Santa Ana Fire Department, the Fire staff is outfitting four ambulances with updated ergonomic ambulance cots and stair chairs. The Stryker EZ-Pro R4 cots and Stair-Pro chairs are equipped with ergonomic safety features and accessories. The notice inviting bids was advertised on August 11 and 14, 2006, and bids were solicited. A summary of the bid invitations and bids received is as follows: 9 Invitations for Bid mailed 4 Bids received Bids were received and opened on August 23, 2006 (Exhibit 1) The bid received from Stryker Corporation is responsive to the specification apc) meets the City's requirements. FISCAL IMPACT Funds are available in the Fire Suppression Emergency Medical Services Machineryip~ent account (account no. 11-323-6641). A APPROVED AS TO FUNDS AND ACCOUNTS: i .i ~ (~r~mc ]S~ J ~~ y i ip Gar Francisco Gutierrez F e Chief Executive Director Finance & Mgmt. Services Agency 4/ PMG/SP/06-122.3:uc 2 2 H '1 ABSTRACT OF BIDS CONTRACT AWARD FOR GLOCK GUNS SPEC. NO. 06-122 Vendor Stryker Corp. Location Mission Viejo Ambulance Cot $ 7,286.88 Stair Chair $ 8,176.00 Subtotal $ 15,462.88 7.75% Tax $ 1,198.38 Total $ 16,661.26 Bount Tree Life-Assist Medical, LLC Dublin, OH Rancho Cordova $ 8,042.00 No Bid $ 10,656.00 $ 8,320.00 $ 18,698.00 $ 8,380.00 $ 1,449.10 $ 603.20 $ 20,147.10 $ 8,923.20 Moore Medical New Britain, CT $ 7,048.04 $ 9,042.24 $ 16,090.28 $ 1,246.99 $ 17,337.27 Exhibit 1 22H-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 16, 2006 TITLE: CONTRACT AWARD FOR ROBOT VEHICLE SYSTEM (SPEC. NO. 06-127) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s` Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award a contract to Foster-Miller, Inc. for the purchase of a TALON Gen. IV robot vehicle system based upon the City and County of San Francisco's contract for a TALON Gen. IV robot vehicle system in an amount not to exceed $147,813. DISCUSSION On August 16, 2004, the City Council accepted a $15 million Urban Area Security Initiative grant from the federal Department of Homeland Security, through the State of California, Office of Homeland Security. This initiative was designed to enhance the domestic preparedness of urban areas by ensuring that all emergency first responders have adequate equipment and systems to prevent, respond to, and recover from acts of terrorism. The grant provides total reimbursement to local agencies for equipment purchases approved and authorized by the Office of Disaster Preparedness. The Fire Department requires a robot vehicle system to aid the Hazardous Materials Response Team (HMRT) when responding to a Weapons of Mass Destruction incident, acts of terrorism, or other hazardous environment incidents. The use of a robot will facilitate immediate safe intervention for the HMRT by allowing for remote detection, observation, and manipulation within the hot zone of an incident. The robot is remotely controlled with communications and is equipped with an arm ae HMRT to visualize conditions and manipulate zone. An integrated sensor package allows findings of on-board chemical detectors to chemical concentrations. wireless data and video sembly, which will allow the objects in a hazardous hot the robot to transmit the the operator to determine 221-1 Contract Award for Robot Vehicle System October 16, 2006 Page 2 The City Council adopted Ordinance No. NS-2312 purchase against contracts with other governme competitive bid process. Foster-Miller, Inc. was TALON Gen. IV robot vehicle system as a result process, and meets the City's requirements. As a Council approval of the recommended action. FISCAL IMPACT authorizing the City tc at agencies utilizing a awarded a contract for a of an open, competitive result, staff recommends Funds are available in the Office of Emergency Services (OES) Urban Areas Security Initiative (UASI) Machinery & Equipment Account (account no. 125- 333-6641). APPROVED AS TO FUNDS AND ACCOUNTS: Paul Walters ~ Francisco Gutierrez Chief of Police Executive Director Finance & Mgmt. Services Agency PMW/TO/06-127.7:uc 221-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 16, 2006 TITLE: CONTRACT AMEND AND AWARD FOR PURCHASE OF TONER CARTRIDGES (SPEC. NO. 06-135) /' CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~~ Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Amend the contract to Corporate Express Imaging for computer cartridges and supplies by $10,000 for a total amount not to exceed $116,000. 2. Reject the bids from Cartridge World and Lasercycle USA, as nonresponsive to the specification. 3. Award a contract to Software House International for the purchase of toner cartridges, diskettes, and zip disks for a two-year period, with provision for two, one-year renewals in the amount of $79,730.55. DISCUSSION The Central Stores section of Finance and Management Services Agency provides computer cartridges, diskettes, and zip disks as necessary to maintain the needs of various departments throughout the City. The contract for computer cartridges, diskettes and zip disks is designed to provide quality products at a significant savings based on quantity pricing. The notice inviting bids was advertised on August 30 and September 1, 2006, and bids were solicited. A summary of the bid invitations and bids received is as follows: 29 Invitations For Bid mailed 12 Bids received Bids were received, opened on September 13, 2006, and evaluated (Exhibit 1) The bid from Cartridge World and Lasercycle was considered nonresponsive as they contained substitute remanufactured cartridges instead of the OEM Hewlett Packard cartridges. The bid received from Software House International is responsive to the specifications and meets the City's requirements. 22J-1 Contract Amend and Award for Toner Cartridges October 16, 2006 Page 2 Projected usage has been recalculated for the current contract. Based on the increased usage of computer equipment supplies, an amendment to the contract is necessary for Corporate Express Imaging to allow for uninterrupted service during the bidding process. FISCAL IMPACT Funds .are available in the various departmental Operating Material & Supplies accounts (object code 6391). ~~Francisco Gutierrez Executive Director Finance and Management Services Agency/,/ FG/SH/06-135.2:uc 22J-2 ABSTRACT OF BIDS CONTRACT AWARD FOR COMPUTER CARTRIDGES (SPEC. NO. 06-135) Vendor: Software House Comlink Lasercare FKM/Toshiba International Business Solutions Location: Garden Grove Carlsbad Irvine Terms: Net 30 Net 30 Net 30 Subtotal: $73,995.90 $81,869.05 $82,612.55 Sales Tax: 5,734.65 6,334.85 6,402.47 Discount: None None None Total: $79,730.55 $88,213.90 $89,015.02 Vendor: P.O. Express Corporate Express Office Depot, Inc. Imaging Location: Garland, TX Poway Signal Hill Terms: Net 30 Net 30 Net 30 Subtotal: $83,142.00 $85,703.94 $86,307.33 Sales Tax: 6,443.50 6,642.06 6,688.82 Discount: None None None Total: $89.,585.50 $92,346.00 $92,996.15 Vendor: Varitek, Inc. ASAP Software Sehi Computer Prod. Location: Anaheim Buffalo Grove, I1 San Clemente Terms: Net 30 Net 30 Net 30 Discount: None None None Subtotal: $89,270.50 $90,016.50 $92,773.75 Sales Tax: 6,918.46 6,976.28 7,189.97 Total: $96,188.96 $96,992.78 $99,963.72 Vendor: Coast to Coast Location: Irvine Terms: Net 30 Discount: None Subtotal: $103,783.75 Sales Tax: 8,043.24 Total: $111,826.99 Bids from Cartridgeworld and Lasercycle USA do not meet specifications and considered non-responsive. EXHIBIT 1 22J-3 22J-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 16, 2006 TITLE: CONTRACT AWARD FOR BRASS, GALVANIZED, AND PVC IRRIGATION SUPPLIES (SPEC. NO. 06-139) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s~ Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to Ferguson Waterworks for irrigation supplies for a one- year period, with provision for four, one-year renewals in an annual amount not to exceed $18,050. DISCUSSION In order to perform maintenance and repairs on the City's irrigation systems, the Parks, Recreation and Community Services and Public Works Agencies require an assortment of materials such as valves, pipes, and fittings. The materials are purchased through the Central Stores warehouse for distribution to the agencies. The contract for irrigation supplies is designed to provide quality products at a significant savings based on quantity pricing. The notice inviting. bids was advertised on September 6 and 8, 2006, and bids were solicited. A summary of the bid invitations and bids received is as follows: I6 Invitations For Bid mailed 6 Invitations For Bid mailed to Santa Ana vendors 2 Bids received 2 Bids received from Santa Ana vendors Bids were received, opened on September 26, 2006, and evaluated. Bid results are as follows: Vendor: Amount: Location: Ferguson Waterworks $18,050.63 Santa Ana Irvine Pipe & Supply, Inc. $20,212.48 Santa Ana The bid received from Ferguson Waterworks, a Santa Ana vendor, is responsive to the specification and meets the City's requirements. 22K-1 Contract Award for October 16, 2006 Page 2 FISCAL IMPACT Irrigation Supplies Funds are available in the various departmental Operating Materials & Supplies accounts (object code 6391). APPROVED AS TO FUNDS AND ACCOUNTS: Buz Gerardo Mouet Executive Dir ctor Parks, Rec. Comm. Svcs. Agency (~~~%~~~~T f~ James G. R ss Executive Director Public Works Agency GM/JR/WO/06-139.89:uc ~Y1StlS~ r r 1~ 1 J ~~ Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency~~ 22K-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 16, 2006 TITLE: CONTRACT AWARD FOR TRAILER MOUNTED DIESEL BACKUP POWER GENERATOR (SPEC. NO. 06-140) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~~ Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Reject the bid from Ingersoll-Rand Equipment Sales as nonresponsive. 2. Award a contract to Quinn Company for the purchase of a trailer mounted diesel backup power generator in the amount of $143,846.25. DISCUSSION On August 16, 2004, the City Council accepted a $15 million Urban Area Security Initiative grant from the federal Department of Homeland Security, through the State of California, Office of Homeland Security. This initiative was designed to enhance the domestic preparedness of urban areas by ensuring that all emergency first responders have adequate equipment and systems to prevent, respond to and recover from acts of terrorism. The grant provides total reimbursement to local agencies for equipment purchases approved and authorized by the Office of Disaster Preparedness. The Public Works Agency's Water Production Division requires a trailer mounted diesel backup power generator to enhance the reliability of the City's main water pumping station. The generator will also be used at other water pumping stations as needed. The generator will provide emergency backup power to the City when responding to Weapons of Mass Destruction (WMD) events, or acts of terrorism. The notice inviting bids was advertised on September 11 and 13, 2006 and bids were solicited. A summary of the bids received is as follows: 42 Invitations For Bid mailed 5 Invitations For Bid mailed to Santa Ana Vendors 2 Bid Received 22L-1 Contract Award for Trailer Mounted Power Generator October 16, 2006 Page 2 Bids were received and opened on September 26, 2006. The bid received from Ingersoll-Rand Equipment Sales did not meet the minimum specification for the base generator and attachments, fuel system, and mounting and enclosures, and is therefore nonresponsive. The bid received from Quinn Company is responsive to the specification and meets the City's requirements. FISCAL IMPACT Funds for are available in the Office of Emergency Services (OES) Urban Areas Security Initiative (UASI) Machinery & Equipment Account (account no. 125-333-6641). APPROVED AS TO FUNDS AND ACCOUNTS: Paul M. Walters \k Francisco Gutierrez Chief of Police h Executive Director Finance & Mgmt. Services Agency PMW/TO/06-140.7:uc 22L-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 16, 2006 TITLE: CONTRACT AWARD FOR ANIMAL COLLECTION VAN (SPEC. NO. 06-141) ITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~` Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to George Chevrolet for the purchase of one animal collection van in the amount of $39,761.98. DISCUSSION The Fleet Maintenance Division's annual Equipment Replacement Program is included in the City's annual budget and identifies vehicles scheduled for replacement. Funding is monitored through a depreciation schedule established with each department. Additionally, the Fleet Division reviews the acquisition in accordance with the City's Hybrid and Alternative Fuel Vehicle Acquisition Policy. Currently, hybrid vehicles are not available in the full-size van category. The Santa Ana Police Department's Animal Services uses specially equipped trucks and vans for animal control service throughout the City. Animal Services routinely responds to over 17,500 service calls, impound 3,500 animals, and perform 1,000 corrective actions per year. Due to age and conditions, one 2000 Ford Truck with over 94,000 miles has been approved for replacement in the current fiscal year. The new van addresses the issues of operator safety regarding back injuries by having a lower cage loading height, and .air conditioning in the animal cage area to improve the welfare of the animals. The notice inviting bids was advertised on September 15 and 18, 2006, and bids were solicited. A summary of the bid invitations and bids received is as follows: 14 Invitations For Bid mailed 4 Bids received 22M-1 Contract Award for Animal Collection Van October 16, 2006 Page 2 Bids were received, opened on September 27, 2006, and evaluated (Exhibit 1) The bid from George Chevrolet is responsive to the specifications and meets the City's requirements. Guaranty Chevrolet was contacted for a bid solicitation as Santa Ana's sole Chevrolet dealership. Due to lack of fleet sales staff, Guaranty declined the request to submit an offer for the Chevrolet Express van. FISCAL IMPACT Funds are available in the Equipment Replacement Machinery & Equipment account (account no. 76-145-6641.) ~AC~~oaS~c .-~+~ Francisco Gutierrez Executive Director Finance and Management Services Agency FG/KM/06-141.2:uc 22M-2 ABSTRACT OF BIDS CONTRACT AWARD FOR ANIMAL COLLECTION VAN (SPEC. 06-141) Vendor GEORGE CHEVROLET Location BELLFLOWER Terms 1 Van Sales Tax Tire Fee Total NET 30 $36,893.95 $ 2,859.28 8.75 $39,761.98 DELIVERY Vehicle 90 - 120 DAYS 2007 Chevy Express Van SUMMARY OF HID AWARD: TOTAL AWARD IN TEE AMODNT OF: BOB STALL CHEVROLET LA MESA NET 30 $37,309.00 $ 2,891.44 8.75 $40,209.19 150 - 180 DAYS 2007 Chevrolet CGG23405 GEORGE CHEVROLET $39,761.98 EXHIBIT 1 LAKE CHEVROLET LAKE ELSINORE NET 30 $38,366.00 $ 2,973.37 8.75 $41,348.12 90-120 DAYS 2007 Chevrolet CG23405 MAURICE J. SOPP & SON HUNTINGTON PARK NET 30 $38,627.00 $ 2,993.59 incl. $41,620.59 120-150 DAYS 2007 Chevrolet CG23405 22M-3 22M-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 16, 2006 TITLE: CONTRACT AWARD FOR TRAILER MOUNTED AIR COMPRESSOR (SPEC. NO. 06-142) CI MANAGER RECOMMENDED ACTION Award a contract to trailer mounted air the aggregate limit $20,000 annually. CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~~ Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Ingersoll Rand Equipment Sales for the purchase of one compressor in the amount of $15,941.61; and increase for miscellaneous parts in an amount not to exceed The Public Works Agency's Water Resources Division maintains approximately 400 miles of sewer mains and performs repairs to sewer laterals located within the street right of way. Trailer mounted air compressors operate air jackhammers and dirt compactors in the field. The sewer maintenance crews currently have 2 compressors. The work duties encountered frequently require an additional air compressor. The proposed compressor will be used primarily by the sewer maintenance crews and can also be used as a backup for water maintenance activities. The notice inviting bids was advertised on September 15 and 18, 2006, and bids were solicited. A summary of the bid invitations and bids received is as follows: 4 Invitations For Bid mailed 1 Invitations for Bid mailed to a Santa Ana vendor 1 Bid received A Bid was received, opened on September 27, 2006. The bid from Ingersoll Rand Equipment Sales is responsive to the specifications and meets the City's requirements. U.S. Equipment Company, a Santa Ana vendor, received a bid but was unable to respond. They do not handle the line of Ingersoll Rand portable air compressors. 22N-1 Contract Award for Air Compressor October 16, 2006 Page 2 Ingersoll Rand Equipment Sales provides purchase of the trailer mounted air previous purchases by Fleet Services exceeds the $10,000 aggregate limit. purchases, staff recommends an increase equipment parts as requested. The compressor when combined with the during the current fiscal year, In order to facilitate future to the aggregate amount. FISCAL IMPACT Funds are available in the Sanitary account (account no. 56-575-6641. Maintenance Garage Operation Material 111-6391) in the amount of $10,000. ~~f/~a~ ~d'- James G. R s Executive Director Public Work Agency Sewer Service Machinery & Equipment for $15,941.61; and Equipment & Supplies account (account no. 75- APPROVED AS TO FUNDS AND ACCOUNTS: y Francisco Gutierrez off, Executive Director Finance & Mgmt. Services Agency G"" JGR/KM/06-142.9:uc 22N-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: OCTOBER 16, 2006 TITLE: CONTRACT AWARD FOR AIRLESS PAINT SPRAYERS (SPEC. NO. 06-143) APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s' Reading ^ Ordinance on 2ntl Reading ^ Implementing Resolution ^ Set Public Hearing For CITY MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Award a contract to Vista Paint Corporation for the purchase of seven airless paint sprayers in the amount of $21,119. DISCUSSION The Fleet Maintenance Division's annual Equipment Replacement Program is included in the City's annual budget and identifies equipment scheduled for replacement. Funding is monitored through a depreciation schedule established with each department. The Public Works Agency's Maintenance Division operates a graffiti removal program seven days a week. Abatement crews perform their work with special equipment and paints for the City's graffiti removal program. Annually, the City crews remove approximately 2.5 million square feet of graffiti. Due to age and condition, seven 1999 Hero airless paint sprayers have been approved for replacement in the current fiscal year. The notice inviting bids was advertised on September 15 and 18, 2006, and bids were solicited. A summary of the bid invitations and bids received is as follows: 6 Invitations For Bid mailed 2 Invitations for Bid mailed to Santa Ana vendors 3 Bids received 1 Bid received from a Santa Ana vendor Bids were received, opened on September 27, 2006, and evaluated (Exhibit 1) The bid from Vista Paint Corporation is responsive to the specifications and meets the City's requirements. 220-1 Contract Award for Airless Paint Sprayers October 16, 2006 Page 2 FISCAL IMPACT Funds are available in the Equipment Replacement Machinery & Equipment account (account no. 76-145-6641.) Francisco Gutierrez Executive Director Finance and Management Services Agency~y~ FG/KM/06-143.2:uc 220-2 ABSTRACT OF BIDS CONTRACT AWARD FOR AIRLESS PAINT SPRAYERS (SPEC. NO. 06-143) VENDOR VISTA PAINT THE GLIDDEN DUNN-EDWARDS CORPORATION COMPANY PAINT CO. LOCATION FULLERTON SANTA ANA ANAHEIM TERMS NET 30 NET 30 2 NEM 1 PAINT SPRAYER $ 2,800.00 $ 3,300. 00 $ 3,299. 00 7 SPRAYERS $ 19,600.00 $ 23,100. 00 $ 23,093. 00 SALES TAX $ 1,519.00 $ 1,790. 25 $ 1,789. 99 TOTAL $ 21,119.00 $ 24,890. 25 $ 24,882. 71 S.A. VENDOR 1% EVALUATION $ (248. 91) GRAND TOTAL $ 24,641. 34 $ 24,882. 71 DELIVERY QUOTE 1 DAY 14 DAYS 15-21 DAYS SPRAYER GRACO GH2O0 GRACO GH2O0 GRACO GH2O0 2006 2006 2006 SUMMARY OF SID AWARD VISTA PAINT CORPORATION TOTAL AWARD IN THE AMOUNT OF: $21,119.00 Exhibit 1. 220-3 220-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 16, 2006 TITLE: CONTRACT AWARD FOR POLICE MOTORCYCLES (SPEC. NO. 06-144) ~~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~' Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award a contract to Long Beach BMW for the purchase of 11 police equipped motorcycles in the amount of $245,408.97; and increase the aggregate limit for miscellaneous parts and repairs in an amount not to exceed $20,000 annually. The Fleet Maintenance Division's annual Vehicle Replacement Program is included in the City's annual budget and identifies vehicles scheduled for replacement. Funding is monitored through a depreciation schedule established with each department. Additionally, the Fleet Division reviews the acquisition in accordance with the City's Hybrid and Alternative Fuel Vehicle Acquisition Policy. Currently, hybrid vehicles are not available in the motorcycle category. The Police Department's Traffic Division uses specially equipped motorcycles for traffic patrol. The Selective Traffic Enforcement Program (STEP Grant) is funding five additional new motorcycle officers complete with motorcycles. Five motorcycles are under the Fleet Maintenance Division replacement program with guidelines that require motorcycles with over 50,000 miles to be replaced, as maintenance costs increase dramatically at this milestone. For fiscal year 2006-2007, the last Kawasaki motorcycle will be retired along with four 2001 BMW motorcycles with mileage from 58,000 to 77,000 miles. The expanded motorcycle force of 26 full time officers and five part time officers will share a total of 23 motorcycles. The last additional motorcycle will provide tighter scheduling of the officers shifts and provide a loaner when motorcycles are in the shop for repair. 22P-1 Contract Award for Police Motorcycles October 16, 2006 Page 2 The notice inviting bids was advertised on September 15 and 18, 2006, and bids were solicited. A summary of the bid invitations and bids received is as follows: 8 Invitations For Bid mailed 4 Bids received Bids were received, opened on September 26, 2006, and evaluated (Exhibit 1) The bid from Long Beach BMW is responsive to the specifications and meets the City's requirements. The bid for six motorcycles was issued prior to the City's acceptance of the STEP Grant award. As such, Long Beach BMW has agreed to extend the same price and terms for the additional five grant funded motorcycles. Long Beach BMW provides motorcycle parts and repairs as requested. The purchase of the 11 BMW motorcycles when combined with the previous purchases by Fleet Services during the current fiscal year, exceeds the $10,000 aggregate limit. In order to facilitate future purchases, staff recommends an increase to the aggregate amount. FISCAL'IMPACT Funds are available in the Equipment Replacement Machinery & Equipment account (account no. 76-145-6641) for $111,549.53; and Office of Safety Grant Traffic Offender Program Grant Machinery & Equipment account (account no. 165-336-6641) for $22,309.91, and the Selective Traffic Enforcement Grant Machinery & Equipment account (account no.165-343-6641) for $111,549.53; and Equipment Maintenance Garage Operation Material & Supplies account (account no. 75-111-6391) in the amount of $10,000. APPROVED AS TO FUNDS AND ACCOUNTS: iru~\WV ~- ~i1511i`~-11,E{: ~ ~ ^'-. Paul N. Walters 5~(Francisco Gutierrez Chief of Police Executive Director Finance & Mgmt. Services Agency y,. PMW/KM/06-144.7:uc ~ 22P-2 ABSTRACT OF BIDS CONTRACT AWARD FOR POLICE MOTORCYCLES (SPEC. 06-144) Vendor LONG BEACH BROWN MOTOR IRV BEAVER BMW MOTORCYCLES BMW WORKS MOTORCYCLES OF VENTURA CO. Location SIGNAL HILL POMONA ORANGE NEWBURY PARK Terms NET 30 NET 30 NET 30 NET 30 1 Motorcycle $20,702.00 $20,999. 00 $21,399. 82 $22,774. 55 6 Motorcycles 124,212.00 125,994. 00 128,398. 92 136,647. 30 Sales Tax $ 9,626.43 $ 9,764. 54 $ 9,950. 92 $10,590. 17 Tire Fee 21.00 21. 00 21. 00 294. 00 Total $133,859.43 135,779. 54 138,370. 84 $147,531. 47 DELIVERY 90 DAYS Vehicle 06/07 BMW R1200RT-P 59 DAYS 06/07 BMW R12000RT-P 30-45 DAYS NO QUOTE 2006 BMW 2007 BMW R12RT-P R1200RT-P SU~4IARY OF BID AWARD: LONG BEACH BMW TOTAL AWARD IN THE AMOiJNT OF: $133,859.43 EXHIBIT 1 22P-3 22P-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: AUGUST 21, 2006 TITLE: ENTER INTO AGREEMENTS FOR PROMOTIONS IN THE DOWNTOWN CITY MANAGER APPROVED L~ fes Recommended [~" As Amended ^ Ordinance on 1°~ Reading ^ Ordinance on 2n° Reading ^ Implementing Resolution ^ Set Publipc Hearing For CONTINUED TO 9-S-oco;Q-($-Q~'!~ 10-2 -0(~; 10-1(0^(~0 FILE NUMBER RECOMMENDED ACTION 1. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement with La Calle Cuatro de Santa Ana Association in an amount not to exceed $84,240 for promotions and marketing efforts in the Downtown. '~e ~Q~aa~e-and apt€~e_; se +~.,. ~ R Y L i L . c~„r~ n„~ R„~;,,o~~ r,..,.,..;, -•atr~~tnt net= t:e-e~eee~-$77-,,-7~9 €e~ mr.m ruin .. r7 vLe};., ..FF..v+.. }y, .-, n... ._.+ # 2. Approved at the August 21, 2006 City Council Meeting. DISCUSSION On November 21, 2005, the City Council approved the 2005 Annual Report and the 2006 Budget for the Downtown Santa Ana Business Improvement District (BID). A portion of the approved budget included Downtown promotion and marketing activities totaling $162,000, of which $84,240 was allocated to La Calle Cuatro de Santa Ana Association and $77,760 was allocated to the Downtown Santa Ana Business Council. In June 2006, meetings were held with representatives from the La Calle Cuatro de Santa Ana Association ("LACCSA"), the Downtown Santa Ana Business Council ("DSABC"), and City staff to discuss the status of the 2005 B"ID promotion and marketing funds and the 2006 promotion and marketing funds that were previously approved by the City Council. Based on the information provided,'LACCSA has expended its 2005 promotions and marketing funds on the various items outlined in its 2005 Budget, Exhibit A. The DSABC has completed approximately thirty percent of the items outlined in its 2005 Marketing Plan, Exhibit B. Both associations have made significant progress in promoting the Downtown area; and over the last year, events have increased in size and attendance. 25A-1 Enter into Agreements for Promotions in the Downtown August 21, 2006 Page 2 The Downtown Santa Ana Business Council and La Calle Cuatro de Santa Ana Association have submitted marketing plans for the use of the 2006 Downtown Business Improvement District promotions funds and have requested that the City enter into agreements with them. Copies of the LACCSA and the DSABC 2006 Marketing Plans have been attached as Exhibit C and D respectively. The agreements will detail the respective promotional/marketing programs with appropriate financial oversight by City staff. Staff recommends that the City approve both Agreements allowing the LACCSA and the DSABC to continue with their promotional/marketing plans. FISCAL IMPACT Funds are available for these Agreements in the Business Improvement District Operations Other Contractual Services Account (account no. 93- 013-6291). APPROVED AS TO FUNDS AND ACCOUNTS: 1r l~ . Stephen G. H -ding Deputy City Manager for Development Services Francisco Gutierrez ~uf Executive Director Finance & Management Services Agency SGH/WRM/mlr H:\ACTIONS\2006 CC\AgreePromotions - DT 8-21-06. dOC 25A-2 !a Cable Cuolro de Sarga Ana As odalNon Iltt; Budget 2005 Promotions • Wed Page - • Banners- For Events to be displayed • Newspaptx armomtcwrneMs - Adverb rtxnenl • Radio vommtxcisls • Counsultant end Contract reviews • tLlnsiei~s /artists / performers • After 9hmilcsgiving Sale -banners, e' lvectiscmeat, era • Santa Sunday - Ntividad en la Cello (rmttu cvcat, mua ;toys, snow • Evenl experisev -Litter Dcposil, Meter Fee Deposit, p rt-s-potties, Permit fcc, eta • Newsy • Otber Speeisl Bvenls • Admiuistrativc & Opmating Cosh. Marketing • Directory of businesses • SPonsorshiP P • Markelingmaterials • Conference arpenses / networking sa unars • Prir><ing costs • Consultant and Contract nwiews • Semimr / otnssev • Otlxx Mmlccting Melbods Fundtalser • Networking / Auctions - s~ninar cost items to be eruct ned, etc. • Catering , confereacc rooms, musiciai ~ • Advertisrnrrt,publicityacpcnsc • Printing Materials • Consltant & Administrative.Costs • Other Fuix)raising metlxrds Exhibit A 25A-3 DOWNTOWN SANTA ANA BUSINESS COUNCIL June 15, 2005 Mrguel A. Ailido, Mayor City of Santa Ana 20 Civic Center Plaza Post Office Boz 1988 Santa Ana, CA 92702 RE: Business Improvement District Dear Mguel: We hereby formally ask the City Council ro recognize and appoint the Downtown Santa Ana Business Councl as the BID Advisory Board, anon-profit orgaruzation representing the interest of the Downtown Restaurant Assocation, the Artists village Neighborhood Assoaation, the Loft Neighborhood Association, and other Retail and Professional services -within the geograp}ric area cotnnronly tefened to as Zone B (representing 48% of the BID funds). 1- Create a professional handout MAP with all galleries/restaurants/attractions 2-Utilize and update cuaent websire"aplaceforartorg"-possibly change sire so each gallery and businesses can update their own info 3- Create new "branding"/ logo for the artists vilhge/restaurant association 4 Research sigtrage improvement- aeare a way ro recognize/ define the boundaries of the artists village and resburant corridor (4" and Bitch down Broadway to 2°d Street) (r.e, have all the street signs in a distinguished color or funky frames); update current banners 5- Initiate a public art program and ty ro get public art installations ('Santa Ana Salon" contest) 6- Fund neighborhood block party (like Wilshire Square and other neighborhoods assoaations) 7- Initiate a Zed monthly event that focuses on music 8- Research cross-promotion with the Long Beach art walk 9- Seed money to create self-funded events Qazz Festivan 10- Create Downtown Restaurant collateral piece and distribute ro area neighborhoods 11. General advertisement in local publications 'Ilre Downtown Santa Ana Business Councl respectfully requests that the City Cound amend the 2005 budget in the following way: Reallocate the "Maintenance d Litter Enhancement Downtown lighting" line item of $52.500 as well as the `BID Consultant"~e item of $15,000 rotalin $67,500 be ro the general BID promotions and marketing fund. Exhibit B 25A-4 -2- Thank you Eor your consideration. June 15, 2005 Sincerely (~ Downtown Santa Ana Business Counal Bob Stewart, President cc: Gry Cortnd Members David Rearm, Gry Manager Gry (]ak Patricia Whitaker, Executive Dirccror William R Manic Exhibit B 25A-5 L LA CALLE CUATRO DE SANTA ANA ASSOC110N INC. Budget 2006 PromotiorL * Up-date web page and increase membership info. * Advertisement -Special Events * Radio Comercials -Special Events * Cable - Production of Commercial and Airtime * Hire Musicians /Artists /Performance * Banners for Special Events * Santa Sunday -Purchase toys, * City Costs -Special Events Permits, SAPD costs, Code Enforcement, SAFD costs * Business License Fees * Newsletter -Printing, Distribution and Mailing costs * Administration & Operational Costs. * Promotional -Tree lighting of the Downtown. * Other Promtional items and programs. ~atkehnS * Business Directory * Advertisement of the Downtown in Popular Magazines * Mazketing Materials * Conference Expenses /networking Seminars * Printing, coping costs, graphics and layouts. * Consultants and Contract reviews * Seminar /Courses * Other Mazketing Methods and expenses. Ftmdraiaers * Networking /Auctions -seminar cost * Catering, conference rooms, mucisicans * Advertisement, publicity expense * Printing Materials * Consultant & Administrative Costs * Other Fundraising Methods Exhibit C 25A-6 Downtown Santa Ana Business Council Budget for 2006/07 Starting balance Subscriptions: Chamber, newsletters, periodicals Paperwork/filings: IRS, state, local (business license) Insurance: Director coverage + 4 major events Art Grant/patronage: 2 annual prizes based on criteria Contracted persons: legal, accounting, web Events Committee: 4 public events Marketing Committee: advertising, printing City & Outreach Committee: postage, website design & maintenance Exhibit D 25A-7 25A-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 16, 2006 TITLE: AGREEMENT FOR DATABASE SYSTEM MAINTENANCE (A-2005-281) CI MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 181 Reading ^ Ordinance on 2n° Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute a second amendment to the agreement with Stratus Technologies Ireland, Ltd. for database server maintenance support, extending the term for one year in an annual amount not to exceed $10,272. DISCUSSION The Santa Ana Fire Department's Computer Aided Dispatch System utilizes a database server system to enable existing software to run efficiently and to maintain application stability. Stratus Technologies is the sole proprietor of the Stratus ftServer System and is the only service provider offering the necessary maintenance support to ensure continuous system operation. FISCAL IMPACT Funds are available in the Fire Department's Information Technology, Other Contractual Services account (account no. Olt-324-6291). APPROVED AS TO FUNDS AND ACCOUNTS: ~~,--Phillip M. Garcia Francisco Gutierrez Fire Chief Executive Director Fire Department Finance & Management Services Agency 25B-1 25B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 16, 2006 TITLE: AGREEMENT AMENDMENT INSPECTION SERVICES GROUP, INC CLERK OF COUNCIL USE ONLY: APPROVED FOR BUILDING ^ As Recommended WITH VCA CODE ^ As Amended s ^ Ordinance on 1 Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For ~ ~_^ CITY MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an amendment to the agreement with VCA Code Group, Inc. for construction inspection services in an amount not to exceed $230,000. DISCUSSION Over the past several years, the City has utilized contracted inspection services to address periodic peaks in service demands, as well as work backlogs due to vacancies among the various building inspection positions. In October 2005, City Council approved an agreement with VCA Code Group, Inc. for $50,000 to provide building inspection services while a vacant inspector position was being filled. In April 2006, City Council approved an amendment to this agreement increasing the total contract amount to $150,000 when additional vacancies occurred. Currently, there are two vacant inspector positions, with recruitment expected to take several months. The subject amendment would increase this agreement by $80,000 in order to provide contracted inspectors during the recruitment period. This contract amendment will also provide coverage during the fall and winter holiday season, when staffing shortages typically occur. Additionally, the amendment would extend the contract effective date through June 2007, at the same hourly rate of $48 to $58 per hour, depending on the qualifications of the individual inspector. Currently, the contractor is successfully meeting the City's needs for qualified building inspectors. 25C-1 Agreement with VCA Code Group, Inc. October 16, 2006 Page 2 FISCAL IMPACT Funds for the additional amount of $80,000 are available in the Planning and Building Agency's account for other contractual services (account no. 11-507-6291). APPROVAL AS TO FUNDS AND ACCOUNTS: a M. Trevino /g.tjFrancisco Gutierrez utive Director ,•IV• Executive Director Planning & Building Agency Finance & Management Services Agencv/~ SB:rb eb\AFCA'e\VCA Code Group 11-06 25C-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 16, 2006 TITLE: AGREENENT WITH CONNUNICATh SIIPPORT GROVP FOR CABLE TV CONSULTING SERVICES l/~^---~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED As Recommended As Amended Ordinance on 1s~ Reading Ordinance on 2ntl Reading Implementing Resolution Set Public Hearing For_ CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement with Communications Support Group to provide cable television franchise consulting services for a one- year period in an amount not to exceed $85,870. DISCUSSION For the past seventeen years, the City of Santa Ana has contracted with Communications Support Group for cable television franchise consulting services. Communications Support Group will continue to provide its standard scope of services, including technical support to cable programming, customer service, and franchise compliance and administration. In addition, the annual comprehensive technical FCC performance test of the subscriber cable systems will be performed and the annual cable regulatory report will be prepared documenting overall cable company activity and performance. Communications Support Group will continue to maintain the community bulletin board and monitor the transition plan to continue programming services on Channel 3. The consultant will continue the coordination of the upgrade to the City Council Chamber audio/visual equipment. The Parks, Recreation and Community Services Agency is satisfied with the quality of services that Community Support Group has provided and recommends approval of the recommended action. 25D-1 Agreement with Communications Support Group October 16, 2006 Page 2 FISCAL IMPACT Funds for this agreement are available in the Community Affairs contractual services account (account no. 11-232-6291). APPROVED AS TO FUNDS AND ACCOUNT: u Gerardo Mouet Francisco Gutierrez Executive Director Executive Director Parks, Recreation and Community Finance and Mgmt. Services Agency Services Agency 25D-2 REQUEST COUNCIL FOR ACTION CITY COUNCIL MEETING DATE: OCTOBER 16, 2006 TITLE: AGREEMENT WITH SECURITY SOLUTIONS, INC.FOR A VID80 SECURITY MANAGEMSNT SYSTEM AT CROOKE RE38RVOIR Fr':, _~ i &, 6~ •~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~~ Reading ^ Ordinance on 2ntl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Security Solutions, Inc. the amount of $164,455.00 plus a contingency of $10,000 for a total project amount not to exceed $174,455 to install a security management system at Crooke Reservoir. On July 27, 2006, the City received approval of $175,000 from the Urban Area Security Initiative (UASI) grant from the federal Department of Homeland Security, through the State of California, Office of Homeland Security, to harden critical infrastructure. The initiative was designed to enhance the domestic preparedness of urban areas by ensuring that all emergency first responders have adequate equipment and systems to prevent, respond to and recover from acts of terrorism. The grant provides total reimbursement to local agencies for equipment purchases approved and authorized by the Office of Disaster Preparedness. The grant approved is for the installation of a security management system at the Crooke Reservoir located at 730 E. Memory Lane. The system will include video surveillance equipment and motion sensors for the reservoir, pumping station and well nos. 27 and 28. The cost of installing this system will be paid for with UASI funds. Security Solutions Inc. installed and commissioned a security management system at the West Reservoir last year. Security Solutions, Inc. was qualified for the installation of the initial video security system resulting from the City's open bid process and was selected based on the City's competitive bidding criteria. The new security management system planned for the Crooke Reservoir will be integrated with the existing system. 25E-1 Agreement with Security Solutions, Inc. for a Security Management System at Crooke Reservoir October 16, 2006 Page 2 Because, the initial system was custom built by Security Solutions, Inc., and due to the complexity of the integration process, staff recommends that Security Solutions, Inc. be retained to build the new video security management system at the Crooke Reservoir and integrate the new system with the existing system. This specific project is contingent on approval from the Department of Homeland Security. TNVIRONMBNTAL IMPACT In accordance with California Environmental Quality Act, the proposed project is exempt from further review. Categorical Exemption ER No. 2005-104 will be filed for this project. FISCAL IMPACT Funds are currently available in the UASI Fund (account no. 125-333-6291- 33305). I.,~ James G. Ross -~Uy ' Executive Director Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: ~r Francisco Gutierrez ~ Executive Director Finance & Mgmt. Services Agency 25E-2 Police Department REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 16, 2006 TITLE: AGRESDSENT TO UPGRADE SUPERVISORY CONTROL AND DATA ACQIIISITION 3YSTEffi ~~ -~~ f ~' CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 ~` Reading ^ Ordinance on 2n° Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Transdyn, Inc. to provide hardware and software upgrades to the Supervisory Control and Data Acquisition System for the City's water production facilities for a fixed fee of $950,000. DISCUSSION The City's water production facilities are controlled by a Supervisory Control and Data Acquisition (SCADA) System. The system utilizes remote programmable controllers at each water production site and a central computer system located at the City Yard to remotely operate wells, pumps, and reservoirs. Uninterrupted reliability and functionality of this system is required to maintain operation of the water system. The existing system was installed by Transdyn Controls, Inc. in 1992 and was upgraded in 2000. Due to the age and obsolescence of the existing hardware and software, the programmable logic controllers located at each of the City's 38 water production facilities must be replaced. New central computers located at the City Yard are also required to provide fail-safe protection and uninterrupted operation of the water system. The proposed upgrade project also includes the installation of a radio based communications system. This system will replace the current leased telephone line system, providing increased reliability and will result in an annual cost savings of approximately $40,000 in phone charges. The current system provided by Transdyn has functioned since 1992 without failure. Staff recommends that Transdyn Controls, Inc. be retained to provide the required upgrades for a continued uninterruptible and functional system. 25F-1 Agreement to Upgrade Supervisory Control and Data Acquisition System October 16, 2006 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds are available in the Water Utility Capital Projects Fund (account no. 66-579-6635). APPROVED AS TO FUNDS AND ACCOUNTS: ~~ Francisco Gutierrez ~xecutive Director Finance & Mgmt. Services Agency 25F-2 Public Works Agency REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 16, 2006 TITLE: PURCHA38 AGRSBMENT3 FOR BRISTOL STREET CORRIDOR (PROJECT 06-1500) CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~~ Reading ^ Ordinance on 2ntl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute agreements with: Miguel Lopez for the purchase of the residential property located at 1255 Camile in the amount of $707,000; Robert & Matilde Moran for the purchase of the single family residence located at 442 S. Bristol in the amount of $565,000; Alicia Araujo for the purchase of the single family residence located at 446 S. Bristol in the amount of $550,000. On March 6, 2006 the City Council approved the cooperative agreement between the City and the Orange County Transportation Authority to fund Bristol Street improvements from McFadden Avenue and Pine Street Improvements include widening of the street from four lanes to six, construction of landscaping in the parkways and the median islands, traffic improvements, drainage structures, sound walls, and other amenities as outlined in the Specific Plan. To accommodate the widening, the acquisition of entire properties, as listed above, are required (Exhibit 1). The purchase amounts are the appraised values prepared by an appraiser licensed in the State of California. 25G-1 Purchase Agreements October 16, 2006 Page 2 TNVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in the previously prepared Environmental Impact Report/Environmental Impact Assessment EIR No. 89-01 approved by City Council in 1990. FISCAL IMPACT Funds are appropriated in the (account no. 59-553-6611). Select Street Construction Fund 1 1 James G. Ross Executive Director Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: (~~ J ~ `ti Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 25G-2 MATCHLI~E ~ BOTTOM PoQFIT LEGEND Q sue.iECr PROPER'T1Es ® ACQUIRED PROPERTE8 WALNUT ST. G MCFADDEN AVENUE -1 EXHIBff 1 SANTA .N. CITY WuWCL ~, PURCHASE AGREEMENTS FOR P~ W A ~ A(3E~DA DATES gR~TOL STREET CORRIDOR ~, °~O~ ~' zoos (PROJECT 06-1500) ~..~~. i 25G-3 MATCHL.ME SEE ABOVE LEFT 25G-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 16, 2006 TITLE: AGREEMENTS FOR CITY OF SANTA ANA REGIONAL TRANSPORTATION CENTER CITY-INITIATED TRANSIT EXTENSIONS TO METROLINK STUDciES PROJECT 06-2502 CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO I~~_ RECOMMENDED ACTION FILE NUMBER 1. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute a cooperative agreement with the Orange County Transportation Authority in an amount not to exceed $200,000 to conduct the City of Santa Ana Regional Transportation Center City-Initiated Transit Extensions to Metrolink Studies in partnership with the City of Costa Mesa. 2. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute a cooperative agreement with the City of Costa Mesa to create a partnership and to designate Santa Ana as the lead agency in the City-Initiated Transit Extensions to Metrolink Studies. 3. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with Parsons Brinckerhoff in an amount not to exceed $200,000 to conduct the City-Initiated Transit Extensions to Metrolink Studies. 4. Approve an appropriation adjustment recognizing $200,000 in unanticipated Measure M Transit funds in account no. 32-01-5053, and appropriate same to the City-Initiated Transit Extensions to Metrolink Studies project account no. 32-551-6631, project no. 06- 2502. DISCUSSION On October 14, 2005, the OCTA Board of Directors approved a package of projects as a substitute for the Centerline Project that would satisfy the air quality goals established for rapid transit projects. The Board ~ 25H-1 RTC Metrolink Extension Studies October 16, 2006 Page 2 of 3 also approved a five-year program of rapid transit projects using the existing Metrolink commuter rail corridor as the backbone of the Orange County`s transit system. Additionally, on February 27, 2006, the OCTA Board approved a four-step process for City-Initiated Transit Extensions to Metrolink, now known as the Go Local program as shown below: • Step one allocates up to a total of $3.4 million for cities to develop a local transit vision and conduct initial planning. All cities are eligible to receive $100,000 grants, once they execute a cooperative agreement with OCTA. • Step two is scheduled to commence in the first quarter of 2008 and makes available the remainder of $30 million on a competitive basis to further develop the most promising projects. • Step three is planned to coincide with the availability of renewed Measure M funds, projects may move into project development and implementation, and the major projects will presumably advance into a federally funded preliminary engineering effort. • Step four focuses resources on transforming the Metrolink stations into major multi-modal transportation centers. Additionally, Parsons Brinckerhoff (PB) has been working with City staff and has recently completed the Santa Ana Transit Master Plan (Exhibit 1). In Step one of the Go Local Program PB will be studying in more detail the transit feeder alignment concepts derived from the Transit Master Plan. The four transit feeder service alignments currently under consideration will connect the Santa Ana Regional Transportation Center (SARTC) with the Civic Center and Downtown area, Main Place, Bowers Museum District and the South Coast Metro Area. In addition options to extend this service to the proposed Bus Rapid Transit (BRT) service alonq~ Harbor Boulevard via the former Pacific Electric (PE) Right-of-way, 17t Street, Bristol Street and Edinger Avenue, and the John Wayne Airport via Sunflower Avenue, Bear Street and Interstate 405 will be considered. Santa Ana will function as the lead agency for the South Coast Metro Area alignment study. As the lead agency, Santa Ana will receive the $100,000 allocated to Costa Mesa by OCTA for a Metrolink extension study and will be responsible for managing the consultant contract with PB. Santa Ana will also receive an additional $100,000 to study the Civic Center and Main Street transit feeder alignment concepts described above. Staff recommends that the City execute the cooperative agreement with OCTA and the partnership agreement with Costa Mesa. Staff also recommends that the City execute an amendment to the agreement with PB to 25H-2 RTC Metrolink Extension Studies October 16, 2006 Page 3 of 3 recommends that the City execute an amendment to the agreement with PB to provide consultant support services to conduct the Metrolink extension studies that will meet the various Federal transit agencies' guidelines. This will enable Santa Ana to complete Step one of the Go Local Program and have a project(s) ready for submittal for Step two which makes available $30 million for further development of the most promising projects. As stated previously, the additional $200,000 will be used for consultant services to complete Step one of the Go Local program. The amended contract is estimated at total contract amount not-to-exceed $354,000. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Upon approval of the appropriation adjustment, funds available in Measure M Transit Funds (account no. 32-O1-5053) will be appropriated to the City-Initiated Metrolink Extension Studies project account (account no. 32-551-6631, project no. 06-2502). APPROVED AS TO FUNDS AND ACCOUNTS: Y James G. Ross Executive Director Public Works Agency Francisco Gutierrez Executive Director Finance & Management 25H-3 i Services Agency s ANA COLLEGE ::i~. ~_ ~tir~, I ~~~ CIVIC CENTEI ~an~ Ana e ~ :• s s SANTA ANA ~•~•~ City Council P~ wA ~ Agenda Date ~--~-~ Oct. 16. 2006 PUBLIC WORN6 AGENCY D ISCC?VEF SCIENCE CENTER BC~'1rERS h4U5EUM ~ Alignment I Alignment 2 ~ Alignment 3 ~ Alignments AAA B ~ ~ Extension OpRions BRT Routes City Boundary f~'~,~ F~Irna~;Bll Ft~de Santa ~~~rdra ~~•. ~- atr~ st. I..1..- :5 st V ~ ... c ~' Santa Ana Transit Master Plan rE~tetrotfr,w Extensicn Atig:,rnent Gorce~t~ -Santa ,~:~a ~ocJS.4rea Exhibit 1 25H-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: OCTOBER 16, 2006 TITLE: EASEMENT DEED TO STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION AT BROADWAY BRIDGE APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s' Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Authorize the City Manager and the Clerk of the Council to execute an agreement with the State of California Department of Transportation to grant a highway easement for the Broadway Bridge Overcrossing. In the mid 1980's, the State of California Department of Transportation (Caltrans) built the Broadway Overcrossing over Route 5 and the Santiago Creek Channel. During the design phase of the project, Caltrans identified the need for a highway easement parcel over the City's real property at the north end of the bridge (Exhibit 1). During recent investigations into right of way ownership near the bridge, Caltrans staff determined that the Caltrans did not acquire the subject highway easement from the City. Caltrans has been maintaining the bridge since its construction and has indicated it plans to continue maintaining the bridge. In order to continue this practice, Caltrans has requested the City grant the easement as intended in the early 1980's. City staff has been working with Caltrans and supports the donation of the highway easement. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed action is exempt from further review. Categorical Exemption ER No. 2006-172 will be filed for this project. 251-1 Highway Easement to Caltrans October 16, 2006 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. James G. Ross Executive Director Public Works Agency 251-2 r a 3 a 0 m EXHIBIT A HIGHWAY EASEMENT SANT~ANA Try: P.^ W A : p~ ~ ~ EASEW~NT DE® TO STATE OF `~ CALIFORNIA DEPARTMENT OF ~...~. TRANSPORTATION AT BROADWAY BRIDGE II ~ _- II 91 /I I // IN.T.S.1 251-3 251-4 .REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 16, 2006 TITLE: PURCHASE AGREEMENT FOR A PORTION OF CALVARY CHAPEL OF COSTA MESA, INC. PROPERTY AT 3800 3. FAIRVIEfQ CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~~ Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement with Calvary Chapel of Costa Mesa, Inc. for the purchase of a portion of 3800 S. Fairview Street in the amount of $280,230. DISCUSSION The proposed improvements to the Fairview Street and MacArthur Boulevard intersection include the addition of right-turn-only lanes for the southbound and eastbound approaches. These improvements are needed to improve traffic flow through the intersection which currently is not operating at an acceptable level of service. Construction is estimated to begin in March of 2007. To accommodate the widening, acquisition of a 1,647 square-foot portion of the property located at 3800 S. Fairview Street is needed (Exhibit 1). A 1,469 square-foot temporary landscape easement and a 3,120 square-foot temporary construction easement will also be required from the owner. The purchase amount is the appraised value prepared by an appraiser licensed in the State of California. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in previously prepared Negative Declaration No. 2002-440. 25J-1 RECOMMENDED ACTION Purchase Agreement with Calvary Chapel of Costa Mesa, Inc. October 16, 2006 Page 2 FISCAL IMPACT Funds for the proposed acquisitions are available in the Measure M Street Construction (account no. 32-551-6631, project No. 05-1707). ,~ ~ ~n~ James G. Ross Executive Director Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez ~. Executive Director Finance & Mgmt. Services Agency 25J-2 i~ ~~ MacaRr-wR e~w. ACQUISITION AREA EXHIBIT 1 i SANTA ANA rule: PURCHASE AGREEMENT FORA ~ ~ P~ ~II~ Ac.~EN~a ~a~: PORTION OF CALVARY CHAPEL OF COSTA u OCTOBER 16, zoos MESA, INC. PROPERTY AT 3800 S. FAIRVIEW "'" ""'~" STREET (PROJECT 05-1707) ~ 25J-3 25J-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: October 16, 2006 TITLE: AGREEMENT FOR PAYROLL CONSULTING SERVICES CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~' Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Dawna Whaley for payroll consulting services in a total amount not to exceed $95,000. DISCUSSION In the year 2000, the City completed a successful conversion to a new citywide payroll system. During implementation Highline Corporation, the software supplier, had provided a resource (Dawna Whaley) to assist the City Of Santa Ana with implementation and programming tasks. In 2004, Ms. Whaley separated from Highline Corporation. The City was able to retain Ms. Whaley as an independent contractor. Ms. Whaley provides services to the City on an as-needed basis. Currently, she is assisting in the testing of a major payroll software upgrade. She continues to be the only program specialist for the Highline payroll software located in Southern California. Additionally, her services include troubleshooting and programming, as well as to train the new Payroll Systems Analyst, which is currently under recruitment. The City also maintains contracts for its payroll and tax software that include user licenses, upgrade maintenance, training, and program consulting. Highline Corporation, Oracle Corporation, Vertex, Inc., and Dawna Whaley provide these needed services that support the payroll system. These services are vital in ensuring that payroll is processed in an accurate and timely manner. 25K-1 Agreement for Payroll Consulting Services October 16, 2006 Page 2 FISCAL IMPACT Funds are available in the Technology Plan Payroll Systems Other Contractual Services account (account no. 109-200-6291). Francisco Gutierrez Executive Director Finance and Management Services Agencv,.~ FG/SHn/2000Agr:uc ~" 25K-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 16, 2006 TITLE: AMENDMENT TO AGREEMENT WITH SYSTEM INNOVATORS INCORPORATED FOR COMPUTERIZED CASHIERING SYSTEM AND HARDWARE MAINTENANCE ~~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2ntl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Amend agreement number A-2006-042 with System Innovators Incorporated in an additional amount not to exceed $20,000 for computerized cashiering software and hardware for the Finance and Management Services Agency. DISCUSSION The Finance and Management Services Agency; Parks, Recreation and Community Services; and the Police Department uses System Innovators' cashiering related software and hardware to process the receipt of City revenues. This includes payments for Municipal Utility Services bills, business license tax, hotel visitors' tax, parking citations and all other payments to the City. The recommended action will provide software maintenance and updates, as well as hardware purchase, maintenance and repair. FISCAL IMPACT Funds are budgeted and available in the Finance & Management Services Agency Treasury Division account (account no. 11-175-6291). APPROVED AS TO FUNDS AND ACCOUNTS: ~t~c~r.c ~~c-~ ~~- Francisco Gutierrez Executive Director Finance & Management Services Agency!'w 25L-1 25L-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 16, 2006 TITLE: AWARD CONTRACT TO XONOVIA TECHNOLOGIES LLC FOR CONSULTING SERVICES TO CONDUCT AN ASSESSMENT OF THE CITY'S INFORMATIOP TECHNOLOGY FRASTRUCTURE CI MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~' Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Xonovia Technologies LLC (Xonovia) for consulting services to conduct an assessment of the current information technology infrastructure, security processes, disaster preparedness and organizational structure in a total aggregate amount not to exceed $175,000. Staff has determined an assessment of the City's information technology's infrastructure needs to be conducted in order to address long term information technology disaster plan requirements; increased demands for information technology services, and the continued growth of the network and application environment. The assessment will provide staff a baseline of current resources and provide solutions to addressing long term City demands and changing technology. The objective is to ensure proper network and organizational structure, as well as implementing a secure disaster/emergency recovery plan. Xonovia Technologies LLC has been selected to conduct the assessment based on the firm's experience and expertise in the industry. The firm's staff has conducted needs assessments and security validation tests for municipalities and has developed networks that have met the Department of Justice security requirements for public safety. The assessment that will be conducted will cover core network and network security; servers and server security; disaster plans and recovery; and organizational structure. Xonovia will provide a written report of the assessment performed that will include observations/findings, recommendations/solutions to correct any issues and mitigate risks; suggested organizational structure improvements and improvements to the disaster plans. 25M-1 Award Contract to Xonovia Technologies LLC For Consulting Services October 16, 2006 Page 2 FISCAL IMPACT Funds are available in the Citywide Information Services Strategic Plan Fund. (account no. 109-700-6661). APPROVED AS TO FUNDS AND ACCOUNTS: ~~~CRi s r .~ ~"'lT ~n Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 25M-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: October 16, 2006 TITLE: BIENNIAL REVIEW OF CITY'S CONFLICT OF INTEREST CODE CI NAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~' Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution amending the Conflict of Interest Codes of City Agencies and Departments. DISCUSSION The California State Government Code specifies-that local agencies must review their Conflict of Interest Codes each even-numbered year. Changes to the codes must be adopted by the City Council as the code reviewing body for City agencies and Departments. Pursuant to State requirements, we have reviewed the city's position classifications required to be designated in the Conflict of Interest Code. The City's Code has been revised to include new positions added since the last code review, and to delete positions that have been eliminated or whose duties do not include making or participating in making governmental decisions. The disclosure categories specifying financial interests including investments, interests in real property, income, and business positions have also been revised to more accurately reflect what each designated position must disclose. FISCAL IMPACT T/here~is no fiscal 'mpact associated with this action. 'v ~tl~-vec.4J Patricia E. Healy Clerk of the Council 55A-1 jwf10/09/06 RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE CONFLICT OF INTEREST CODES OF CERTAIN CITY AGENCIES AND DEPARTMENTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The various offices, agencies and departments of the City of Santa Ana have maintained Conflict of Interest Codes pursuant to the Political Reform Act of 1974 (California Government Code sections 81000 et seq.) since the enactment of that law. B. The last comprehensive revision of the Conflict of Interest Codes of the various offices, agencies and departments of the City is set forth in City Council Resolution No. 2001-021, adopted March 5, 2001. C. Certain agencies and departments of the City now desire to amend the conflict of Interest code set forth in Resolution No. 2001-021. D. It is the intention of the City Council of the City of Santa Ana that this resolution supersede and replace Resolution No. 2001-021. Section 2. That the persons holding designated positions as defined in Exhibit A, attached to and made part of this resolution, shall file statements of economic interest pursuant to the requirements of the City's Conflict of Interest Code. Section 3. That the disclosure categories as defined in Exhibit B are attached to and made a part of this resolution. SECTION 4. This resolution shall supersede and replace Resolution No. 2001-021. Resolution 2006 Page 1 of 8 55A-2 Section 5. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2006. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney AYES NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2006-xxx to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Resolution 2006 Page 2 of 8 Clerk of the Council City of Santa Ana 55A-3 CONFLICT OF INTEREST CODE CITY OF SANTA ANA Exhibit A This Conflict of Interest Code is adopted for the City of Santa Ana, California, pursuant to the Political Reform Act of 1974 (California Government Code, Sections 81000 g.). It consists of the model code set forth in Regulation 18730 of the Fair Political Practices Commission, incorporated herein by reference, together with the following Appendix: DESIGNATED EMPLOYEES DISCLOSURE CATEGORY Office of the Citv Manager City Manager Assistant City Manager 1 Executive Director of External Affairs 1 Assistant to the City Manager 1 Consultant** 1 Office of the Clerk of the Council Clerk of the Council 1 Senior Management Analyst 4 Office of the Citv Attome City Attorney Chief Assistant City Attorney 1 Senior Legal Management Assistant 4 Senior Assistant City Attorney 1 Assistant City Attorney 1 Deputy City Attorney 1 Community Development Aaenc Deputy City Manager for Development Services 1 Housing Division Manager 1 Economic Development Manager 1 Assistant Director of Community Development 1 Downtown Development Manager 1 Housing Programs Coordinator 2, 4 Senior Residential Construction Specialist 2 Senior Housing Specialist 2 Loan Specialist 2 Redevelopment Project Manager III 1 Resolution 2006 Page 3 of 8 55A-4 Redevelopment Project Manager II 2 Economic Development Specialist III 2 Economic Development Specialist II 2 Employment Services Fiscal Specialist 4 Housing Authority Coordinator 2, 4 Housing Authority Operations Supervisor 4 Workforce Specialist III 4 Workforce Specialist IV 4 WORK Center Coordinator 4 Senior Management Analyst 4 Senior Management Assistant 4 Community Development District Manager 1 Finance & Management Services Agencv Executive Director Assistant Director of Finance & Management Services 1 Accounting Manager 1 Administrative Services Manager 1 Treasury Manager 1 Purchasing Supervisor 3, 5, 7 Supervising Buyer 3, 5, 7 Buyer 3, 5, 7 Storekeeper 3 Building Maintenance Superintendent 3, 5 Business Tax Collector/Inspector 1 Revenue Supervisor 1 Information Services Manager 3 Fleet Equipment Supervisor 3 Corporate Yard Facilities/Fleet Services Mgr. 3 Central Services Supervisor 3 Budget and Research Manager 1 Fire Department Fire Chief 1 Deputy Fire Chief 1 Firefighters (Underground Tanks) 2~g Fire Marshal 1 Fire Battalion Chief 1 Fire Safety Analyst g Fire Safety Specialist I, II, & III g Resolution 2006 Page 4 of 8 55A-5 Library Department Library Director ~ Parks. Recreation and Community Services Executive Director ~ Park Maintenance Superintendent 4, 5, 7 Zoo Manager 4, 5, 7 Recreation Superintendent 4, 5, 7 Community Affairs Manager 1 Administrative Services Manager ~ Senior Management Analyst ~ Personnel Services Department Executive Director ~ Assistant Director of Personnel Services 1 Benefits & Compensation Manager ~ Risk Manager ~ Liability Claims Coordinator ~ Worker's Compensation Administrator 4 Personnel Operations Manager ~ Planning and Building Aaenc Executive Director ~ Assistant Director of Planning and Building ~ Planning Manager ~ Principal Planner 2 7 Principal Plan Check Engineer 2, 7 Supervisor of Inspections 2 6.7 Building Safety Manager ~ Community Preservation Manager ~ Senior Building Inspector g Senior Plumbing Inspector g Senior Combination Building Inspector g Senior Community Preservation Inspector g Senior Planner 2 Associate Planner g Assistant Planner I g Assistant Planner II g Senior Electrical Systems Specialist g Senior Plumbing/Mechanical Systems Specialist g Building Inspector g Resolution 2006 Page 5 of 8 55A-6 Administrative Assistant II 4, 7 Management Analyst 4, 7 Combination Building Inspector g Electrical Inspector g Plumbing/Mechanical Inspector g Permit Technician g Permit Supervisor 2, 7 Senior Plan Check Engineer 2, 7 Associate Plan Check Engineer 2, 7 Assistant Plan Check Engineer I 2, 7 Assistant Plan Check Engineer II 2, 7 Community Preservation Inspector g Police Department Police Chief 1 Police Captain 1 Police Lieutenant 1 Police Fiscal Officer 1 Police Property & Facilities Manager 1 Jail Administrator 1 Police Communications Manager 4 Police Records Manager 4 Police Technology & Support Administrator 1 Public Works Aaenc Executive Director 1 Water Resources Manager 1 City Engineer 1 Principal Civil Engineer 2, 5, 7 Senior Civil Engineer 2, 5, 7 Senior Engineer 2, 5, 7 Senior Land Surveyor 2, 5, 7 Public Works Maintenance Manager 1 City Traffic Engineer 2, 5, 7 Senior Transportation Analyst 2, 5, 7 Transportation Manager 1 Projects Manager 2, 7 Administrative and Enterprise Services Manager 1 Board/Commissions Community Redevelopment & Housing Commission Members 1 Resolution 2006 Page 6 of 8 55A-7 Environmental/Transportation Advisory Committee Members Historic Resources Commission Personnel Board Planning Commission Workforce Investment Board The City Manager, City Attorney, Executive Director of Finance & Management Services Agency and Planning Commissioners file Economic Disclosure Form 700 with the Fair Political Practices Commission per Government Code Section 87200. ** City Consultants shall be included when the City Manager determines in writing that a particular consultant is hired to perform duties that would constitute a "designated position". Such written determination shall include a description of the consultant's duties and, based upon the description, a statement of the extent of disclosure requirements. The determination by the City Manager is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. Resolution 2006 Page 7 of 8 55A-8 City of Santa Ana Conflict of Interest Code Exhibit B Disclosure Category 1: Full Disclosure Persons in this category shall disclose all applicable investments, business positions, income, any interests in real property located in the City or within a two mile radius of the City, and, any interests in property owned or used by the city- Disclosure Category 2: Decision-Making Authority Affecting Real Property Persons in this category shall disclose all applicable investments, business positions, and income, including loans and gifts, from sources which engage in land development, construction, or the acquisition or sale of real property; also reportable are all interests in real property located in the City and within a two mile radius of the City or of any property owned or used by the City. Disclosure Category 3: City-wide Purchasing Responsibilities Persons in this category shall disclose all applicable investments, business positions, and income, including loans and gifts, from sources which provide services, supplies, materials, machinery, or equipment of the type utilized by the City. Disclosure Category 4: Department/Division Purchasing Responsibilities Persons in this category shall disclose all applicable investments, business positions, and income, including loans and gifts, from sources which provide services, supplies, materials, machinery, or equipment of the type utilized by the designated employee's agency, department, or division Disclosure Category 5: Public Works/Construction Projects Responsibilities Persons in this category shall disclose all interests in and income from businesses engaged in construction, landscaping, street repair, traffic signal installation or modification or the supply of materials for any of the above. Disclosure Category 6: Regulatory Power Persons in this category shall disclose all applicable investments, business positions, and income, including loans and gifts, from any source which is subject to the regulatory, permit, or licensing authority of the designated employee's agency, department or division, Disclosure Category 7: Planning and Engineering Persons in this category shall disclose all applicable investment, business positions, and income, including loans and gifts, from any source engaged in engineering, planning, and design services Resolution 2006 Page 8 of 8 55A-9 55A-10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 16, 2006 TITLE: RESOLUTION AUTHORIZING PARTICIPATION IN THE STATE DEPARTNENT OF CORRECTIONS AND REHABILITATION, CORRECTIONS STANDARDS AUTHORITY'S TITLE II PROGRAN GRANT CI Y MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2ntl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution authorizing the submittal of a grant application to the State Department of Corrections and Rehabilitation, Corrections Standards Authority to provide gang prevention and intervention at the Delhi Center in an amount not to exceed $500,000. DISCUSSION The State Department of Corrections and Rehabilitation Title II Formula Grants program supports State and local delinquency prevention and intervention efforts, and juvenile justice system improvements. As the administering agency for this federally funded program, the Corrections Standards Authority will award up to seven million dollars in one-year grants, with the possibility of two additional years of funding, to qualified applicants. Upon approval of the resolution, the Parks, Recreation and Community Service Agency will submit a grant application to be considered for first year funding, in an amount not to exceed $500,000. This resolution, which is required as part of the application process, will authorize the City Manager to execute the necessary agreement and any required extensions or amendments. The proposal for the Delhi Center will include an enrichment component that will offer a wide variety of after school and summer activities, including sports and exercise, cultural arts education, leadership development activities, chess clubs, excursions and special events, and other recreational services. The project will also include parent training workshops that teach parents to help their children develop positive habits at school and at home. 55B-1 Resolution Authorizing Participation in the Title II Grant Program October 16, 2006 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. l.C~l~~ Gerardo Mouet Executive Direct Parks, Recreation and Community Services Agency 55B-2 JAS09/20/06 RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE APPLICATION FOR A CORRECTIONS STANDARDS AUTHORITY TITLE II FORMULA GRANT FOR A GANG PREVENTION/INTERVENTION PROGRAM AT DELHI COMMUNITY CENTER. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby, finds, determines and declares as follows: A. The City of Santa Ana desires to undertake a certain program in the area of gang prevention/intervention The program will be conducted at the Delhi Community Center. The city desires to receive and use federal funds available through the Title II Formula Grant Program administered by the Corrections Standards Authority (hereafter referred to as CSA) to fund the program. B. Procedures established by the CSA require the applicant to certify by resolution the approval of applications prior to submission of said applications to the state. Section 2. The City Manager of the City of Santa Ana is authorized, on behalf of the Santa Ana City Council, to submit the Title II Formula Grants application in the amount of $500,000.00, for the Delhi Community Center program and to sign and approve on behalf of Santa Ana City Council a Grant Award Agreement with the CSA, including any extensions or amendments thereof. Section 3. The city of Santa Ana agrees to abide by the statutes and regulations governing the Title II Formula Grants Program as well as the terms and conditions of the Grant Agreement as set forth by the CSA. Section 4. Grant funds received hereunder shall not be used to supplant expenditures controlled by the City of Santa Ana. Section 5. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. Resolution No. 2006- Page 1 of 2 55B-3 ADOPTED this day of , 2006. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Joseph Straka Assistant City Attorney AYES: NOES: Council members: Council members: ABSTAIN: Council members: NOT PRESENT: Council members: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the attached Resolution No. 2006- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of Council City of Santa Ana Resolution No. 2006- Page 2 of 2 55B-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 16,2006 TITLE: RESOLUTION AUTHORIZING EXECUTION OF REVISED ADMINISTERING AGENCY-FEDERAL MASTER AGREEMENT NO. 12-5063 CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s' Reading ^ Ordinance on 2ntl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution authorizing the Executive Director of the Public Works Agency to execute the revised Administering Agency-Federal Master Agreement No. 12-5063 with the State of California Department of Transportation to reimburse the City for federally funded projects. DISCUSSION The City has an existing Administering Agency-Federal Master Agreement No. 12-5063 with the California Department of Transportation (Caltrans). This agreement provides for the City's reimbursement of federally funded projects. On September 21, 2006, Caltrans presented the City with a revised Administering Agency-Federal Master Agreement No. 12-5063. This agreement has been revised to incorporate various changes in regulations and policies. This resolution will authorize the Executive Director of Public Works Agency to execute the revised Administering Agency-Federal Master Agreement No. 12-5063. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. James G. oss G~- Executive Director Public Works Agency 55C-1 js/(10/09/06) RESOLUTION NO. 2006-XXX RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR OF THE PUBLIC WORKS AGENCY TO EXECUTE THE REVISED ADMINISTERING AGENCY- FEDERAL MASTER AGREEMENT NO. 12-5063 WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City has an existing Administering Agency-Federal Master Agreement No. 12-5063 with the California Department of Transportation (Caltrans). This agreement provides for the City's reimbursement of federally funded transportation projects. On September 21, 2006, Caltrans presented the City with a revised Administering Agency-Federal Master Agreement No. 12-5063. This agreement has been revised to incorporate various changes in regulations and policies. Section 2. The City Council hereby adopts this resolution authorizing the Director of the Public Works Agency to execute the revised administering Agency- Federal Master Agreement No. 12-5063 with the State of California Department of Transportation. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. 55C-2 Resolution No. 2006-XXX Page 1 of 2 ADOPTED this day of Miguel Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: (name) City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 2006. Pulido CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Resolution No. 2006-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2006-XXX 55C-3 Page 2 of 2 55C-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 16, 2006 TITLE: PROPOSED AMENDMENTS TO CLASSIFICATION AND COMPENSATION PLANS AND ANNUAL BUDGET CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s` Reading ^ Ordinance on 2ntl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution that amends the City's Basic Management and Non- Management Classification and Compensation Plans (Resolution Nos. 91-066 and 82-110) and amends the Fiscal Year 2006-07 Annual Budget. ed Addition of New Part-Time Classification Title The Santa Ana Police Department recovers up to 1,250 complete or partial fingerprints from crime scenes every week. These fingerprints are evaluated by forensics staff and compared to the fingerprints of known offenders in order to identify criminal suspects. Forensics staff is also responsible for performing these analyses for fingerprints recovered from past, as yet unsolved cases. Because this work requires a sufficient number of highly trained staff, the Police Chief is requesting the creation of a part-time job classification titled Fingerprint Examiner. This classification will supplement full-time staff in evaluating the fingerprints obtained from crime scenes and comparing them to the fingerprints of individuals in a database of known criminals, which will assist in the resolution of criminal investigations. Proposed Title Change The Personnel Services Department periodically reviews the duties and responsibilities of job classifications to ensure that job titles are consistent with the City's classification and compensation plans. As a result of a recent review of positions in the Finance & Management Services Agency, it was determined that the job title of positions that process the City's employee payroll no longer reflects the City's classification titling structure nor the accepted title in the industry. Accordingly, the Executive Director of Finance & Management Services proposes to change the job title Payroll Assistant to Payroll Technician. 55D-1 Proposed Amendments to Classification and Compensation Plans and Annual Budget October 16, 2006 Page 3 of 3 The proposed change applies only to the classification title and will not affect the salary of the classification. Proposed Reallocation of Position and Salary Down rade in City Manager's Office The City Manager has recently examined the duties and responsibilities assigned to the Assistant to the City Manager (AM) . As a result of this review, the City Manager is proposing to reallocate this position from its current classification to the classification Executive Assistant to the City Manager (MM). The Executive Assistant to the City Manager (MM) title more accurately reflects the level of responsibility and highly complex duties performed by the position, and is consistent with both the City's overall classification structure and the classification titles of comparable positions in other organizations in the labor market. The City Manager is also proposing to downgrade the salary rate range assigned to the classification Executive Assistant to the City Manager by approximately 2.Sg, from MM-18 to MM-17. This change would align the compensation for this classification more closely to that of similar classifications in other agencies, and would ensure comparability with other mid-management positions in the City that have similar scope and level of responsibility. Proposed Pay Equity Adjustment The Executive Director of Planning & Building recommends adjusting the salary for the job classification Community Preservation Manager (MM)from MM-22 to MM-26. Labor market data indicates that the compensation for this classification is not competitive and, as a result, the City has less ability to retain highly qualified incumbents. This equity adjustment would raise the compensation to a level competitive with the general market rate for this job classification. Proposed Reallocation of Position in Community Development A ency The Personnel Services Department recently conducted a classification study of the Workforce Specialist I position assigned to the lobby of the Community Development Agency's Work Center. This study concluded that a more accurate title for this position would be Receptionist, as the position's primary responsibilities are answering telephones and greeting visitors. Accordingly, the Deputy City Manager for Development Services is requesting that this Workforce Specialist I position (salary rate range 551) be reallocated to the job classification Receptionist (salary rate range 522). This represents a 14.5% decrease in the salary level; however, no employee will be affected by this change in compensation as there is currently there is no incumbent in the position. 55D-2 Proposed Amendments to Classification and Compensation Plans and Annual Budget October 16, 2006 Page 3 of 3 FISCAL IMPACTS The fiscal impact figures below represent estimated costs for the remainder of the fiscal year, assuming an effective date of November 1, 2006. Addition of New Part-Time Classification Title - there is no fiscal impact associated with this action Title Change from Payroll Assistant to Payroll Technician - there is no fiscal impact associated with this action Reallocation of Position and Salary Down rade in City Mana er's Office The cost for the reallocation of one Assistant to the City Manager (AM) to Executive Assistant to the City Manager (MM), including the downgrade to salary rate range MM-17, is $3,104. Funds are available in the City Manager's salary account (fund number 011-010-6111). Pay Equity Adjustment for Community Preservation Mana er (MM) The cost for the equity adjustment of one Community Preservation Manager (MM) position is $8,016. Funds are available in the Planning & Building Agency salary account ((fund number 011-509-6111). Reallocation of Position for in Community Development A ency The savings from the reallocation of one Workforce Specialist I position to Receptionist will be $4,136. 55D-3 Proposed Amendments to Classification and Compensation Plans and Annual Budget October 16, 2006 Page 4 of 4 APPROVED AS TO FUNDS AND ACCOUNTS: 11 L. ~~1... ~1_ V Enrique J. Alva V Executive Director Personnel Services Agency Paul M. Walters Police Chief Police Department Jay evino Execu ~ e Director Planning & Building Agency ~~~~.~ a Francisco Gutierrez Executive Director Finance & Management Services Agency J/~ •,~ St hen G. I-IB'rding Deputy City Manager for Development Services Community Development Agency 55D-4 RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NOS. 82-110 AND 91-066 TO EFFECT CERTAIN CHANGES TO THE CITY'S BASIC CLASSIFICATION AND COMPENSATION PLANS AND TO AMEND THE CURRENT ANNUAL BUDGET TO REALLOCATE TWO POSITIONS . BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby finds, determines and declares as follows: A. Section 1004, Article X of the City Charter of the City of Santa Ana requires the City Manager to prepare, install and maintain a position classification and pay plan subject to civil service rules and regulations and the approval of the City Council. B. On August 2, 1982, the City Council passed and adopted Resolution No. 82-110 revising and re-establishing the Basic Classification and Compensation Plan for Officers and Employees of the City of Santa Ana; and on December 21, 1987, the City Council passed and adopted Resolution No. 87-94, amending Resolution No. 82-110, to establish a Basic Classification and Compensation Plan for classifications of employment designated as Unaffiliated Confidential (UC), and to set forth certain levels of salaries and benefits for these classification. C. On July 1, 1991, the City Council passed and adopted Resolution No. 91-066, re-establishing the Basic Classification and Compensation Plan for classes of employment designated as unrepresented Executive Management (EM) and Middle Management (MM). D. On June 19, 2006, the City Council passed and adopted Ordinance No. NS-2713, establishing the City's Annual Budget and authorizing position allocations for Fiscal Year 2006-2007. The Ordinance also sets forth the requirement that alterations in the allocation of authorized positions be reviewed and approved by the City Council. E. The Police Chief proposes to create one (1) new part time classification title. F. The Executive Director of Finance and Management Services proposes to change one (1) existing full time classification title to more accurately 55D-5 reflect the duties and responsibilities of the position and keep internal consistency with other classifications. G. The City Manager proposes to adjust the salary level for the middle- management classification of Executive Assistant to the City Manager (MM), and the Executive Director of Planning and Building proposes to adjust the salary level for the middle-management classification of Community Preservation Manager (MM), in order to properly align the compensation level of these classifications with the compensation of other middle-management classifications in the City. H. The City Manager proposes to amend the allocation of positions in the Annual Budget for Fiscal Year 2006-2007 by reallocating one (1) full time position to a classification title that more properly reflects the level of responsibility and the highly complex duties to be pertormed, and which will be consistent with both the City's overall classification structure and the structure of other comparable organizations in the labor market. The Executive Director of Community Development proposes to amend the allocation of positions in the Annual Budget for Fiscal Year 2006-2007 by reallocating one (1) full time position to a classification title that more properly reflects the level of responsibility and duties to be performed, and which will be consistent with the City's overall classification structure. J. It is now desired to amend Council Resolution Nos. 82-110 and 91-066, as amended, and the Annual Budget for Fiscal Year 2006-2007, as amended, in order to effect these changes. Section 2: That Section 3.5.1 Classification Titles and Wage Rates for Unaffiliated Categories of Non-Civil Service Part-Time Employment of Resolution No. 82-110, as amended, be further amended by adding the following part-time title, assigned to the five hourly pay steps set forth below: Basic 5-Step Hourly Wage Rates Effective 11/01/06: Classification Title Step A Step B Step C Step D Step E Fingerprint Examiner $26.82 $28.17 $29.57 $31.05 $32.60 Section 3: That Section 3 of Resolution No. 82-110, as amended, is hereby further amended by changing the existing unrepresented confidential classification title of Payroll Assistant (UC) to Payroll Technician (UC), at no change to the six-step salary rate range currently assigned. Section 4: That Section 3B of Resolution No. 91-066, as amended, is hereby further amended by adjusting the pay level assigned to the following classification titles: 55D-6 15-Step Salarv Rate Range (SRR) Effective 11/01/06: FROM Annual Salarv TO Annual Salarv Classification Title No. Min-Max No. Min-Max A. Community Preservation Manager (MM) MM-22 ($82,032-115,896) MM-26($90,552-127,920) B. Executive Assistant to the City Manager (MM) MM-18 ($74,316-105,012) MM-17($72,492-102,444) Section 5: That Ordinance No. NS-2713, the Annual Budget for Fiscal Year 2006-2007, as amended, is hereby further amended by: A. reallocating one (1) full time position from the classification title of Assistant to the City Manager (AM), Salary Rate Range AM-711 (min $80,424 -max $97,788 per year), to the classification title of Executive Assistant to the City Manager (MM), Salary Rate Range MM-17 (min $72,492 -max $102,444 per year). B. reallocating one (1) full time position from the classification title of Workforce Specialist I, Salary Rate Range 551 (min $36,804 -max $46,980 per year), to the classification title of Receptionist, Salary Rate Range 522 (min $31,956 -max $40,776 per year). Section 6: That except as amended by this Resolution, all other provisions of Resolution No. 82-110, as amended, Resolution No. 91-066, as amended, and Ordinance No. NS-2713 setting forth the Annual Budget for Fiscal Year 2006-2007, as amended, shall remain in full force and effect. Section 7: That this Resolution shall be operative from and after November 1, 2006. ADOPTED this 16"' day of October, 2006. Miguel A. Pulido Mayor 55D-7 APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Joseph Straka Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2006-_ to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 55D-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 16, 2006 TITLE: PUBLIC HEARING: ABANDONMENT NO. 06-02: TO VACATE PORTIONS OF COLLEGE AVENUE, 15~` STREET AND MARTHA LANE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~' Reading ^ Ordinance on 2ntl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution vacating portions of College Avenue, 15th Street and Martha Lane. DISCUSSION The Rancho Santiago Community College District is planning an expansion of the Santa Ana College campus in accordance with their master plan. As part of the expansion, the applicant is requesting that College Avenue between Washington Avenue and 17th Street and portions of 15th Street and Martha Lane) be vacated (Exhibits 1 and 2). The vacated streets will be incorporated into the expanded campus. Cul- de-sacs will be built at the east ends of the remaining portions of Martha Lane and 15th Street. Utility companies, other government agencies and City departments were advised of the street vacations. Easements for the City's water and sewer facilities, traffic signal equipment as well as existing gas lines and overhead utilities will be reserved in the resolution of vacation. The proposed resolution will abandon the City's street easement at these locations. City staff has been working with the Rancho Santiago Community College District to expand the Santa Ana College campus and recommends the vacation of the street to accommodate the expansion. 75A-1 Abandonment No. 06-02 October 16, 2006 Page 2 fiNVIRONMENTAL IMPACT The abandonment is adequately addressed in the Environmental Impact Report prepared by the Rancho Santiago Community College District. No further CEQA analysis is required. FISCAL IMPACT There is no fiscal impact associated with this action. /o~/~ ~/ / {~~'1 James G. Ross Executive Director Public Works Agency 75A-2 -~ ~_ -- ~- Q u/u LjP/ '15TH'ST. MARTHAILN. in a /~P P Z o W CIVIC TE 0 In J I- _~ t~ ~ l~ ~i PROPOSED ABANDONMENT SITE EXHIBIT 1 SANTA ANA '~~; PV, ~ ~, zoos PUBLIC HEARING ABANDONMENT No. os-o2 VACATE PORTIONS OF COLLEGE AVENUE. ^~-u~ 15TH STREET. AND MARTHA LANE BRISTOL 117.8. MKT P~ VENTEENTH 75A-3 77TH STREET ,~~T 7STH STREET _ MARTHA LANE SANTA ANA COLLEGE ~WASHIN ETON AVENUE ® PROPOSEDASANDONMENT EXHIBIT 2 SANTA ANA T(~: P`~1 OC~e 2008 PUBLIC HEARS ABANDONMENT N0.06-02 VACATE PORTIONS OF COLLEGE AVENUE, ~-~~ k'Ti Fi STREET, AND MARTHA LANE a N.T.& 75A-4 10/5/06 les RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING PORTIONS OF COLLEGE AVENUE, 15TH STREET AND MARTHA LANE (ABANDONMENT NO. 06-02) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby, finds, determines and declares as follows: A. The City Council of the City of Santa Ana adopted, on September 18, 2006, Resolution No. 2006-066 wherein it declared its intention to vacate, pursuant to and in accordance with the provisions of Chapter 3 of Part 3 of Division 9 of the Streets and Highways Code of the State of California, portions of College Avenue between Washington Avenue and 17"' Street, and portions of 15~h Street and Martha Lane. B. Rancho Santiago Community College District is planning an expansion of the Santa Ana College campus in accordance with its Master Plan. The vacated streets will be incorporated into the expanded campus, with cul-de-sacs being built at the east ends of the remaining portions of Martha Lane and 15~' Street. C. Easements for the City's water and sewer facilities, traffic signal equipment, existing gas lines and overhead utilities are hereby reserved. D. Resolution No. 2006-066 gave notice that at its meeting of October 16, at 6:00 p.m., or as soon thereafter as the matter could be heard, this Council would hear any and all persons interested in or objecting to said proposed vacation. E. This Council finds that said Resolution has been published in the manner prescribed by law for the publishing of ordinances of the City. F. This Council further finds that notices of said proposed vacation stating the purposes of said Resolution and the time and place set for hearing were posted as directed by the Council and required by law. G. This Council at the time and place set for hearing, heard any and all persons interested in or objecting to said proposed vacation of said portions of the streets and received and considered all evidence submitted. 75A-5 H. This Council finds from all the evidence submitted that said portions of the streets are unnecessary for present or prospective public use, based upon the following findings of fact: a. Said portions of said streets are not necessary to provide access to abutting property owners; and b. Said portions of said streets are unnecessary for present or prospective public use. I. Pursuant to the provisions of section 892 of the Streets and Highway Code of the State of California, the City Council does hereby find and determine that neither said portions of the streets nor any part thereof are useful as nonmotorized transportation facilities, as defined in section 887 of said Code. Section 2. This Council does hereby order that those portions of College Avenue between Washington Avenue and 17th Street, and portions of 15th Street and Martha Lane, as shown on the maps labeled Exhibits 1 and 2, attached hereto and made a part hereof by this reference, be, and the same are, hereby vacated. Section 3. Pursuant to section 8340 of the California Streets and Highways Code, the City Council reserves and excepts from the above vacation an easement and right at any time, or from time to time, to construct, maintain, operate, replace, remove, and renew sanitary sewers and storm drains and appurtenant structures, and, pursuant to any existing franchise or renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew and enlarge lines of pipe, conduits, cables, wires, poles, and other convenient structures, equipment, and fixtures for the operation of gas pipelines, telegraphic and telephone line, railroad lines, and for the transportation or distribution of electric energy, petroleum and its products, ammonia, and water, and for incidental purposes, including access to protect these works from all hazards in, upon, and over the area of portions of College Avenue between Washington Avenue and 17th Street, and portions of 15~' Street and Martha Lane hereby vacated. The City Council also reserves and excepts from the above vacation easements for the City's storm drain facilities and the Orange County Sanitation District sewer trunk facilities. Moreover, if there are any traffic signal equipment and/or in-place public utility facilities that are in use, the City Council reserves and excepts from the above vacation an easement and right necessary to maintain, operate, replace, remove or renew the traffic signal equipment and public utility facilities. Section 4. The abandonment is adequately addressed in the Environmental Impact Report prepared by the Rancho Santiago Community College District. No further CEQA analysis is required. Section 5. The Clerk of the Council is hereby directed to cause a certified copy hereof, attested by her under seal, to be recorded in the office of the Recorder of Orange County. 75A-6 Section 6. Said portions of the streets shall not be deemed vacated until this resolution is recorded. ADOPTED this day of 2006. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Lisa E. Storck Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2006-_ to be the original resolution adopted by the City Council of the City of Santa Ana on . Date: Clerk of the Council City of Santa Ana 75A-7 -~ ~- .~ W _ ->- ~ ~P `~ Q a P ~ z 0 LL w a u~u LjP/ 15TH'ST. MARTHAILN. CIVIC CENT PROPOSED ABANDONMENT SITE N.T.3. 0 ~--.__I _~ r- EXHIBIT 1 SANTA ANA 'I'it1e; P~ OC,TE16, 2006 PUBLIC HEARING ABANDONMENT N0.06-02 VACATE PORTIONS OF COLLEGE AVENUE, ""°'°~°~~ 15TH STREET, AND MARTHA LANE BRISTOL MKT P~ ENTEENTH 75A-8 JL 1. -., , , ,L,I _,L~ _~ ~O~~~a~~v~ GO~~~~c,P~ 1 1 1 1 1 1 1 17TH STREET 10TH STREET y3~ d 16TH STREET MARTHA LANE SANTA ANA COLLEGE Z a w w c4 ~WASNIN~ GTON gVENUE ® PROPOSED ABANDONMENT EXHIBIT 2 SANT~4NA '~'ft1e; P~~ W A ~ ~~ 6 2~g PUBLIC HEARING ABANDONMENT NO. 06-02 rte/ VACATE PORTIONS OF COLLEGE AVENUE, ^u ~ ~, 15tH STREET, AND MARTHA LANE N.T.B. 75A-9 75A-10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 16, 2006 TITLE: PUBLIC HEARING-ADOPT ORDINANCE AMENDING CHAPTER 18 ARTICLE III OF THE SANTA ANA MUNICIPAL CODE i ~ CI MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~` Reading ^ Ordinance on 2"tl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Adopt an ordinance amending Chapter 18 Article III of the Santa Ana Municipal Code to require tobacco retailers to obtain regulatory licenses. 2. Adopt a resolution establishing an annual Tobacco Retailer License fee of $350. DISCUSSION The City of Santa Ana is committed to protecting the health of Santa Ana youth from the risks associated with smoking by reducing youth access to tobacco products in the city. There are 331 State-authorized tobacco retailers in the City of Santa Ana, and 35$ of these tobacco retailers are located within 1000 feet of our schools. Moreover since 1996, the average sales rate of tobacco to minors in the City of Santa Ana has been 35.7. Therefore, the City has a substantial interest in promoting compliance with federal, state, and local laws intended to regulate tobacco sales and use; in discouraging the illegal purchase of tobacco products by minors; in promoting compliance with laws prohibiting sales of cigarettes and tobacco products to minors; and finally, and most importantly, in protecting children from being lured into illegal activity through the misconduct of adults. BACKGROUND A growing number of municipalities in California are successfully using local licensing ordinances to strengthen existing prohibitions against the unlawful sale, use or distribution of tobacco. Businesses seeking to sell tobacco products in these jurisdictions must comply with regulations required as part of the licensing process. These tools are particularly effective in reducing tobacco sales to minors by shifting accountability for violations from individual clerks to the license holder. License holders who fail to comply with re ulations face a variety of penalties ~5B-1 Public Hearing - Ordinance Amending Chapter 18 Article III October 16, 2006 Page 2 including revocation of their license to sell tobacco-a sanction with significant financial consequences. The tobacco licensing ordinance will be effective in reducing youth access to tobacco in the City of Santa Ana. The implementation of regulatory licensing will discourage retailers from selling or distributing tobacco, tobacco products, or tobacco paraphernalia to minors in the city. Licensing will establish conditions for selling tobacco to encourage compliance with all federal, state and local tobacco control laws. This ordinance shall also include imposition of an annual fee of $350 for the issuance or renewal of the tobacco retail license as established by resolution of the City Council to recover the total cost of administration, implementation, monitoring and enforcement of the tobacco retail licensure program. Attached to this RFCA is a memorandum from the Chief of Police with more data and background information on this issue. FISCAL IMPACT The funding is anticipated to be self-funded by the new Tobacco Retailer License fee. N~ Pau M. Walters Chief of Police Police Department 75B-2 MEMORANDUM To: City Manager Date: October 16, 2006 From: Police Chief Subject: Tobacco Retail Licensing Over fifty cities and counties in California have adopted local ordinances to strengthen existing prohibitions against the unlawful sale, use or distribution of tobacco and curbing youth access to tobacco. The Chief of Police recommends adopting the proposed Tobacco Licensing ordinance in the City of Santa Ana because implementation of regulatory licensing will discourage retailers from selling or distributing tobacco, tobacco products, or tobacco paraphernalia to minors in the City. Moreover, licensing will establish conditions for selling tobacco to encourage compliance with all federal, state and local tobacco control laws. CALIFORNIA TOBACCO LEGISLATION More than 440,000 people die in the United States from tobacco-related diseases every year, making it the nation's leading cause of preventable death.l As a result states throughout the nation, including California, have taken proactive steps to regulate tobacco and to reduce youth access to tobacco products. California state law has adopted legislation that: • prohibits the sale or furnishing of cigarettes, tobacco products, and smoking paraphernalia to minors, as well as the purchase, receipt, or possession of tobacco products by minors (Cal. Pen. Code ~ 308); • requires that tobacco retailers check the identification of tobacco purchasers who reasonably appear to be under 18 years of age (Cal. Bus. & Prof. Code § 22956); • provides procedures for using persons under 18 years of age to conduct onsite compliance checks of tobacco retailers (Cal. Bus. & Prof. Code § 22952); • prohibits, with certain exceptions, the sale of tobacco products and paraphernalia through self-service displays except in adult-only establishments (Cal. Bus. & Prof. Coded 22962); • prohibits, with certain exceptions, the sale of "bidis" (hand-rolled filter-less cigarettes imported primarily from India and Southeast Asian countries) (Cal. Pen. Code § 308.1); • prohibits the manufacture, distribution, or sale of cigarettes in packages of less than 20 and prohibits the manufacture, distribution, or sale of "roll-your-own" tobacco in packages containing less than 0.60 ounces of tobacco (Cal. Pen. Code ~ 308.3); 1 U.S. Dept of Health and Human Servs., Centers for Disease Control and Prevention, Annual Smoking - Attributable Mortalit v, Years of Potential Life 75B-3 • requires all tobacco retailers to be licensed by the Board of Equalization in order to curb the illegal sale and distribution of cigarettes which deprive the state yearly of hundreds of millions of tax dollars that fund local and state programs such as health services, anti-smoking campaigns, cancer research, and education programs (Cal. Bus. & Prof. Code ~~ 22970.1, 22972); and • explicitly permits cities and counties to enact local tobacco retail licensing ordinances, and allows for the suspension or revocation of a local license for a violation of any state tobacco control law (Cal. Bus. & Prof. Code ~ 22971.3). Despite the state's efforts to limit youth access to tobacco, minors are still able to access cigarettes. Nearly half of all youth smokers nationwide buy the cigarettes they smoke, either directly from retailers or vending machines, or by giving money to others to purchase the cigarettes for them.Z In addition, minors consume 924 million packs of cigarettes each year nationwide, yielding the tobacco industry 5480 million in profits from underage smokers.3 Moreover, most adults who have ever tried smoking have tried their first cigarette under the age of 18,' and are on average under the age of 16.5 In 2004, 14~ of all tobacco retailers in California sold tobacco to minors 2004.15 Approximately 31.5 of non-traditional California tobacco retailers, such as deli, meat, and produce markets, sold to minors in 2004.16 The implementation of tobacco-licensing requirements is supported by approximately 73~ of California .6 Over 90~ of enforcement agencies surveyed in 2000 rated license suspension or revocation after repeated violations as an effective strategy to reduce youth access to tobacco.' Moreover, while Santa Ana may be the first city in Orange County to adopt a Tobacco Licensing Ordinance, there are approximately fifty-three cities z From the American Lung Association, fact sheet, available at: http://www.lungusa.org/site/apps/s/content.asp?c=dvLUK9O0E&b=39706&ct=66966 (last accessed March 25, 2005 3 Joseph R. DiFranza, M. D. & John J. Librett, M.P.H., State and Federal Revenues from Tobacco Consumed by Minors, 89 Am. J. Pub. Health 1106 (1999 U.S. Surgeon General, U.S. Dept of Health & Human Servs., Preventing Tobacco Use Among Young People: A Report of the Surgeon General 2 (1995) (noting that almost all first use of tobacco occurs by the time people graduate from high school), available at http://profiles.nlm.nih.gov/NN/B/C/L/Q/ /nnbclq.pdf (last accessed March 11, 2005) (noting that 88~ of adults who have ever smoked tried their first cigarette by the age of 18). s Substance Abuse ~ Mental Health Servs. Agency, U.S. Dept of Health & Human Servs , Tobacco Use in America: Findings from the 1999 NHSDA, available at http://www.oas.samhsa.gov/NHSDA/tobacco/hi hli hts.htm (last accessed March 11, 2005) (noting the average age at which smokers try their first cigarette is 15.9). is Tobacco Control Section, Cal. Dept Health Servs , Tobacco Control Update, 15, available at http://www.dhs.ca.gov/tobacco/documents/2009TCSupdate.pdf (last accessed April 8, 2005); see also Tobacco Control Section, Cal. Dept Health Servs , Youth Purchase Survey, 2004: Percent of retailers selling tobacco to youth by store type (2004) (graph on file with TALC). is Tobacco Control Section, Cal. Dept Health Servs , Youth Purchase Survey, 2004: Percent of retailers selling tobacco to youth by store type (2009) (graph on file with TALC). e Gilpin EA, Emery SL, Farkas AJ, Dist efan JM, White MM, Pierce JP, The California Tobacco Control Program: A Decade of Progress, Results from the California Tobacco Survey, 1990-1999, 9-15, University of California, San Diego (2001), available at http://ssdc.ucsd.edu/ssdc/pdf /1999_Final_Report.pdf (last accessed April 8, 2005). ' Tobacco Control Section, Cal. Dept of Health Servs , Independent Evaluation o£ the California Tobacco Control Prevention & Education Program: Waves 1, 2, and 3 75B-4 and counties throughout California that have already adopted tobacco licensing legislation, including Los Angeles, Pasadena, and Riverside County.e YOUTH ACCESS TO TOBACCO IN SANTA ANA The City of Santa Ana is committed to protecting the health of Santa Ana's children from the risks associated with smoking by reducing youth access to tobacco products in the City of Santa Ana. There are 331 State- authorized tobacco retailers in the City of Santa Ana,9and 35$ of these tobacco retailers are located within 1000 feet of our schools .10 Since 1996, the average sales rate of tobacco to minors in the City of Santa Ana has been 35.7$,11 which is 13$ higher than the statewide average sales rate of 22.7$.lZ Moreover, the City of Santa Ana is a young city with approximately 34.2$ of Santa Ana residents under the age of 18 years o1d.13 Nationally, the City of Santa Ana is listed among the top ten places with a population of 100,000 or more with the lowest median age .14 CURRENT STATE TOBACCO SALES REGULATION While the State has made great strides in regulating tobacco, efforts at the local level are still required to reduce youth access to tobacco. As mentioned above, California prohibits the sale of tobacco to minors under Penal Code section 308(a), which makes it a misdemeanor for a person to knowingly sell or furnish tobacco products to persons under the age of 18. Although subject to some debate, generally the person considered liable for a violation of 308 (a) is the person conducting the unlawful sale-often a clerk-and not the business owner or licensee. This in effect means that while an occasional clerk might be prosecuted, profits from unlawful tobacco sales continue to flow into to the business owner. In addition, Section 308 (a) provides a small fine, $200, for first time offenders. Such a low fine combined with the low odds of arrest, result in a weak deterrent for those tempted to profit off the sales of tobacco products to minors. Similarly, penalties for non-compliance with tobacco signage and display regulations are slight, and include fines as low as $10.00 for a first offense. Clearly, given the enormous profit potential from unlawful sales of tobacco, municipalities must establish requirements that provide real deterrent value to support the intent of existing regulations and to effectively reduce youth access to tobacco. s American Nonsmokers' Rights Foundation, California Municipalities With Ordinances Restricting Youth Access To Tobacco, available at http://talc.phlaw.org/pdf files/0021.pd£ (last updated July 1, 2006). 9 California State Board of Equalization, July 17, 2006 10 Santa Ana Police Department, September 11, 2006 11 California Department of Health Services, August 21, 2006 75B-5 LCP 10/06/06 ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 18 OF THE SANTA ANA MUNICIPAL CODE REQUIRING LICENSURE FOR TOBACCO RETAILERS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. More than 440,000 people die in the United States from tobacco- related diseases every year, making it the nation's leading cause of preventable death. B. The California Legislature has recognized the danger of tobacco use and has made reducing youth access to tobacco products a high priority, as evidenced by the fact that: 1. State law prohibits the sale or furnishing of cigarettes, tobacco products, and smoking paraphernalia to minors, as well as the purchase, receipt, or possession of tobacco products by minors (Cal. Pen. Code § 308). 2. State law requires that tobacco retailers check the identification of tobacco purchasers who reasonably appear to be under 18 years of age (Cal. Bus. & Prof. Code § 22956) and provides procedures for using persons under 18 years of age to conduct onsite compliance checks of tobacco retailers (Cal. Bus. & Prof. Code § 22952). 3. State law prohibits the sale of tobacco products and paraphernalia through self-service displays except in adult- only establishments (Cal. Bus. & Prof. Code§ 22962). 4. State law prohibits the manufacture, distribution, or sale of cigarettes in packages of less than 20 and prohibits the manufacture, distribution, or sale of "roll-your-own" tobacco in packages containing less than 0.60 ounces of tobacco (Cal. Pen. Code § 308). Ordinance No. NS-XXX 75B-s Page 1 of 13 C. State law requires all tobacco retailers to be licensed by the Board of Equalization (Cal. Bus. & Prof. Code §§ 22970.1, 22972). D. State law explicitly permits cities and counties to enact local tobacco retail licensing ordinances, and allows for the suspension or revocation of a local license for a violation of any state tobacco control law (Cal. Bus. & Prof. Code § 22971.3). E. The City of Santa Ana currently regulates the sale of tobacco products, including a ban on cigarette vending machines. F A study of several states found that youth sales of tobacco moved from a baseline of 70% of retailers selling to minors before the adoption of a tobacco retail ordinance to less than 5% in the year and a half after enactment. G More than fifty cities and counties in California have passed tobacco retailer licensing ordinances in an effort to stop minors from smoking, and 615 communities in the United States require a license to sell tobacco products and provide penalties such as suspension or revocation of the license for illegal conduct (e.g., selling tobacco to minors). H The Council is committed to protecting the health of the City's youth from the risks associated with smoking by reducing youth access to tobacco products in the City of Santa Ana, because: 1. There are 331 State-authorized tobacco retailers in the City of Santa Ana, and 35% of these tobacco retailers are located within 1000 feet of schools. 2. Since 1996, the average sales rate of tobacco to minors in the City of Santa Ana has been 35.7%, which is 13% higher than the statewide average sales rate of 22.7%. 3. Nationally, the City of Santa Ana ranks in the top ten places with a population of 100,000 or more with the lowest median age. 4. Approximately 34.2% of Santa Ana residents are under the age of 18 years old. City has a substantial interest in promoting compliance with federal, state, and local laws intended to regulate tobacco sales and use; in discouraging the illegal purchase of tobacco products by minors; in promoting compliance with laws prohibiting sales of cigarettes and Ordinance No. NS-XXX Page 2 of 13 75B-7 tobacco products to minors; and finally, and most importantly, in protecting children from being lured into illegal activity through the misconduct of adults. J. It is the intent of the City Council, in enacting this ordinance, to encourage responsible tobacco retailing and to discourage violations of tobacco-related laws, especially those which prohibit or discourage the sale or distribution of tobacco and nicotine products to minors, but not to expand or reduce the degree to which the acts regulated by federal or state law are criminally proscribed or to alter the penalties provided therein. K. The Request for Council Action for this ordinance dated October 16, 2006, shall by this reference be incorporated herein, and together with this ordinance, any amendments or supplements and the oral testimony before the City Council, shall additionally constitute the necessary findings for this ordinance. L. The City Council has considered all of the written and oral testimony offered concerning whether to adopt this ordinance. M. Based upon this record the City Council finds that the standards set forth in this ordinance, and each of them, are necessary to protect the public health, safety and welfare of the residents of the City of Santa Ana associated with tobacco retailing. O. In accordance with the California Environmental Quality Act, a categorical exemption has been adopted for this ordinance. Section 2. Article III is added to Chapter 18 of the Santa Ana Municipal Code ("Code") to read in full as follows: Article III. Tobacco Retail License Sec. 18-90. Definitions. The following words and phrases, whenever used in this article, shall have the meanings defined in this section unless the context clearly requires otherwise: (a) "Department" means the Santa Ana Police Department. (b) "Chief' means the Chief of Police or designee. Ordinance No. NS-XXX 75B-$ Page 3 of 13 (c) "Person" means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity, and includes the definition of "person" found in Section f-2 of the Code. (d) "Proprietor" means a person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a person has a ten percent (10%) or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a person can or does have or share ultimate control over the day-to-day operations of a business. (e) "Tobacco paraphernalia" means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed for the smoking, preparation, storing, or consumption of tobacco products. (f) Tobacco product" means: (1) any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco; or (2) any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco product dependence. (g) "Tobacco retailer" means any person or business who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, tobacco products, or tobacco paraphernalia, or who distributes free or low cost samples of tobacco products or tobacco paraphernalia. "Tobacco retailing" shall mean the doing of any of these things. This definition is without regard to the quantity of tobacco, tobacco products, or tobacco paraphernalia sold, offered for sale, exchanged, or offered for exchange. Sec. 18-91. Tobacco retailer license. (a) It shall be unlawful for any person to act as a tobacco retailer, or to display or advertise the sale of tobacco products or tobacco paraphernalia, without obtaining and maintaining a valid tobacco retailer's license pursuant to this article for each location at which that activity is to occur. Ordinance No. NS-XXX Page 4 of 13 75B-9 (b) It shall be a unlawful for a licensed tobacco retailer, or an agent or employee thereof to violate any local, state, or federal tobacco-related law. (c) Each day on which a prohibited act occurs shall constitute a separate violation. (d) It shall be unlawful fora licensed tobacco retailer or any of the licensee's agents or employees, to violate any local, state, or federal law applicable to sale, display or advertising of tobacco products, tobacco paraphernalia, or tobacco retailing. (e) Each tobacco retailer license shall be prominently displayed in a publicly visible location at the licensed location. Sec. 18-92. Limits on tobacco retail license. (a) No license shall be issued to authorize tobacco retailing at other than a fixed business place. Tobacco retailing by persons on foot or from vehicles is prohibited. (b) No license shall be issued to authorize tobacco retailing at any location for which a tobacco retailer license suspension is in effect or during a period of ineligibility following a revocation. Sec. 18-93. Application procedure. (a) Application for a tobacco retailer's license shall be submitted in the name of each proprietor proposing to conduct retail tobacco sales and shall be signed by each proprietor or an authorized agent thereof. (b) It is the responsibility of each proprietor to be informed regarding all laws applicable to tobacco retailing, including those laws affecting the issuance of a tobacco retailer's license. (c) No proprietor may rely on the issuance of a license as a determination by the City that the proprietor has complied with all laws applicable to tobacco retailing. (d) A license issued contrary to this article, contrary to any other law, or on the basis of false or misleading information supplied by a proprietor shall be revoked pursuant to Section 18-101 of this article. Ordinance No. NS-XXX 75 B' 1 U Page 5 of 13 (e) Nothing in this article shall be construed to vest in any person obtaining and maintaining a tobacco retailer's license any status or right to act as a tobacco retailer in contravention of any provision of law. (f) All applications shall be submitted on a form supplied by the Chief and shall contain the following information: (1) The name, address, and telephone number of each proprietor of the business that is seeking a license. (2) The business name, address, and telephone number of the single fixed location for which a license is sought. (3) A single name and mailing address authorized by each proprietor to receive all communications and notices (the "authorized address") required by, authorized by, or convenient to the enforcement of this article. If an authorized address is not supplied, each proprietor shall be understood to consent to the provision of notice at the business address specified in subparagraph (2) above. (4) Proof that the location for which a tobacco retailer's license is sought has been issued a valid state tobacco retailer's license by the California Board of Equalization. (5) Whether a proprietor has previously been issued a license pursuant to this article that is or was at any time suspended or revoked and, if so, the dates and locations of all such suspensions or revocations. (6) Such other information as the Chief deems reasonably necessary for the administration or enforcement of this article. (7) All information required to be submitted in order to apply for a tobacco retailer's license shall be updated with the Chief whenever the information changes. A tobacco retailer shall provide the Chief with any updates within ten (10) business days of a change. Sec. 18-94. Issuance of tobacco retail license. Upon the receipt of a complete application for a tobacco retailer's license and the license fee required by this article, the Chief shall issue a tobacco retail license unless one or more of the following exists: (a) The information presented in the application is inaccurate or false. Intentionally supplying inaccurate or false information shall be a violation of this article; or Ordinance No. NS-XXX Page 6 of 13 75B-11 (b) The application seeks authorization for tobacco retailing at a location for which a suspension is in effect pursuant to this article, for which a license has been revoked pursuant to this article, or for which this article otherwise prohibits issuance of tobacco retailer licenses; or (c) The application seeks authorization for tobacco retailing for a proprietor to whom a suspension is in effect pursuant to this article for the subject location or another location, whose license has been revoked pursuant to this article for the subject location or another location, or to whom this article otherwise prohibits a tobacco retailer license to be issued. (d) The city has information that the proprietor or his or her agent or employee has violated any local, state or federal tobacco control law, including this Article, within the preceding twelve (12) months. (e) The application seeks authorization for tobacco retailing that is prohibited pursuant to this article, that is unlawful pursuant to this Code, or that is unlawful pursuant to any other local, state, or federal law. (f) Any denial of an application shall be in writing setting forth the reasons for denial of the permit. Such denial shall be subject to appeal in accordance with Section 18-102. Sec. 18-95. License renewal and expiration. (a) A tobacco retailer license is invalid unless the appropriate fee has been paid in full and the term of the license has not expired. The term of a tobacco retailer license is one year beginning each fiscal year on April 1 and ending on March 31 of the following year. Each tobacco retailer shall apply for the renewal of his or her tobacco retailer's license and submit the license fee no later than thirty (30) days prior to expiration of the term. (b) A tobacco retailer's license that is not timely renewed shall expire at the end of its term. To reinstate a license that has expired, or to renew a license not timely renewed pursuant to subparagraph (a), the proprietor must: (1) Submit the license fee plus a reinstatement fee of ten percent (10%) of the license fee; (2) Submit a signed affidavit affirming that the proprietor: (A) Has not sold and will not sell any tobacco product or tobacco paraphernalia after the license expiration date and before the license is renewed; or Ordinance No. NS-XXX 756'12 Page 7 of 13 (B) Has waited the appropriate ineligibility period established for tobacco retailing without a license, as set forth in Section 18- 101(a) of this article, before seeking renewal of the license. Sec. 18-96. License nontransferable. (a) A tobacco retailer's license may not be transferred from one person to another or from one location to another. Whenever a tobacco retailing location has a change in proprietors a new tobacco retailer's license is required. (b) Notwithstanding any other provision of this article, prior violations at a location shall continue to be counted against a location and license ineligibility periods shall continue to apply to a location unless: (1) the location has been fully transferred to a new proprietor or fully transferred to entirely new proprietors; and (2) the new proprietor(s) provides the City with clear and convincing evidence that the new proprietor(s) has acquired or is acquiring the location in an arm's length transaction. As used in this section, the term "arm's length transaction" shall mean a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither of which is under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for which a significant purpose is avoiding the effect of the violations of this article is not an arm's length transaction. Sec. 18-97. Fees for license. The fee to issue or to renew a tobacco retailer's license shall be set by resolution of the City Council from time to time. The fee shall be calculated so as not to exceed that amount which would recover the total cost of both license administration and license enforcement, including, for example, issuing the license, administering the license program, retailer education, retailer inspection and compliance checks, documentation of violations, and prosecution of violators. All fees shall be used exclusively to fund the program. Fees are nonrefundable except as may be required by law. Ordinance No. NS-XXX Page 8 of 13 75B-13 Sec. 18-98. Suspension or revocation of license by Chief of Police. (a) In addition to any other remedy authorized by law, a tobacco retailer's license may be suspended and eventually revoked if the Chief finds pursuant to this article that the licensee, or any of the licensee's agents or employees, has violated any of the requirements, conditions, or prohibitions of this article or has pleaded guilty, "no contest" or its equivalent, or admitted to a violation of any law designated in section 18-91(d)) above. During any period of license suspension, the retailer must remove all tobacco products from public view. (b) Time Period of Suspension of License. (1) Upon the first time that the Chief makes a finding as set forth in subsection (a) of this section, the tobacco retailer's license shall be suspended for sixty (60) days; (2) Upon the second time that the Chief makes a finding as set forth in subsection (a) of this section within sixty (60) months of the first determination, the tobacco retailer's license shall be suspended for one hundred twenty (120) days; (3) Upon the third time that the Chief makes a finding as set forth in subsection (a) of this section within sixty (60) months of the prior determination, the tobacco retailer's license shall be suspended for one hundred and eighty (180) days; (4) Upon the fourth and each subsequent time that the Chief makes a finding as set forth in subsection (a) of this section within sixty (60) months of the prior determination, the tobacco retailer's license shall be revoked, and no new license may issue for the location until five (5) years have passed from the date of revocation. (c) Revocation of license issued in error. A tobacco retailer's license shall be revoked if the Chief finds, after written notice and opportunity to be heard, that one or more of the bases for denial of a license under Section 18-94 existed at the time of application was made or at any time before the license was issued. The decision by the Chief shall be final. The revocation shall be without prejudice to the filing of a new application for license. Ordinance No. NS-XXX 75 B' 14 Page 9 of 13 Sec. 18-99. Notice of intended decision. (a) Upon determining the existence of any of the grounds for suspension or revocation of a license, the Chief shall issue to the license holder a notice of intended decision. (b) The notice of intended decision shall state all the grounds upon which the revocation or suspension is based. (c) The notice of intended decision shall advise the permit holder that the suspension or revocation shall become final unless the licensee files a written request for hearing before the Chief within ten (10) calendar days of the date of service of the notice of intended decision. (d) The notice of intended decision shall specify the effective date of the suspension or revocation. Sec. 18-100. Procedure for hearing before the Chief. (a) The written request for a hearing before the Chief must be received by the Chief within ten (10) calendar days of the date of service of the notice of intended decision. (b) Upon timely receipt of a written request for a hearing, the Chief shall schedule a hearing which shall be held no later than thirty (30) calendar days after receipt of a timely request for hearing. (c) The Chief shall serve a notice of hearing on the licensee at least ten (10) calendar days prior to the scheduled date of the hearing. (d) At the hearing before the Chief, or before a hearing officer at the Chief's option, the licensee shall be given the opportunity to present witnesses and relevant documentary evidence. (e) The hearing will be conducted informally and the technical rules of evidence shall not apply. Any and all evidence which the Chief or hearing officer deems reliable, relevant and not unduly repetitious may be considered. Sec. 18-101. Decision of the Chief. (a) The Chief or hearing officer shall serve on the licensee a written decision sustaining, reversing or modifying the Chiefs intended decision. Ordinance No. NS-XXX Page 10 of 13 75B-15 (b) The decision by the Chief or hearing officer after hearing shall become final unless the licensee files an appeal within the time period specified in section 18-102. Sec. 18-102. Chapter 3 Appeal. (a) If a licensee is dissatisfied with the written decision of the Chief, the licensee may file a written appeal to the city. (b) The appeal must be in writing on a form provided by the city and must be received by the clerk of the council within ten (10) calendar days of notification of the Chiefs decision. (c) The appeal, including its hearing, shall be conducted in accordance with Chapter 3 of this Code. Sec. 18-103. Tobacco retailing without alicense-Seizure. (a) Tobacco Products and Tobacco Paraphernalia offered for sale or exchange in violation of this article are subject to seizure by the Chief or any peace officer and shall be forfeited after the licensee and any other owner of the tobacco products and tobacco paraphernalia seized is given reasonable notice and an opportunity to demonstrate that the tobacco products and tobacco paraphernalia were not offered for sale or exchange in violation of this article. (b) Forfeited tobacco products and tobacco paraphernalia shall be maintained and destroyed pursuant to the Chief's policy for seized evidence. Sec. 18-104. Enforcement. (a) The remedies provided by this article are cumulative and in addition to any other remedies available at law or in equity. (b) Whenever evidence of a violation of this article is obtained in any part through the participation of a person under the age of eighteen (18) years old, such a person shall not be required to appear or give testimony in any civil or administrative process brought to enforce this article and the alleged violation shall be adjudicated based upon the sufficiency and persuasiveness of the evidence presented. (c) Causing, permitting, aiding, abetting, or concealing a violation of any provision of this article shall also constitute a violation of this article. (d) Violations of this article are hereby declared to be public nuisances. Ordinance No. NS-XXX 75B-16 Page 11 of 13 (e) In addition to other remedies provided by this article or by other law, any violation of this article may be remedied by a civil action brought by the City Attorney. Sec. 18-105. Notice. Whenever a notice is required to be given under this article, it shall be made as provided in this Code, and addressed to such person to be notified at the authorized address provided in the application for a tobacco retail license pursuant to section 18-93(f)(3) of the Code, or if an authorized address is not supplied, to the business address provided pursuant section 18-93 (f)(2) of the Code. Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of , 2006 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Lorena C. Penaloza Assistant City Attorney Ordinance No. NS-XXX Page 12 of 13 75B-17 AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS-XXX 756'1 $ Page 13 of 13 Icp:10116/O6 RESOLUTION A RESOLUTION FROM THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING A TOBACCO RETAIL LICENSE FEE AND ADDING THIS FEE TO THE UNIFORM SCHEDULE OF MISCELLANEOUS FEES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City Council has this day introduced an ordinance regulating the retail sale of tobacco products ("The Tobacco Ordinance"), that would permit Council to establish by resolution an annual fee for a license to authorize tobacco retailing at fixed locations. B. The Council finds that, as to this fee: 1. The funds raised by this fee are to be used exclusively to pay for City programs to administer the program established by The Tobacco Ordinance to encourage tobacco retailers' compliance with all federal, state and local tobacco control laws and to discourage retailers from selling or distributing tobacco, tobacco products, or tobacco paraphernalia to minors in the City. 2. There is a reasonable relationship between the use of these fees and the retailers on which the fee is imposed, in that the fees that will be charged by the City will be used to pay for staff efforts and contract for enforcement services to ensure that the tobacco retailers who pay this fee act in accordance with the City's license program and to discourage retailer from selling or distributing tobacco to minors. It is also to the benefit of those paying the fee, i.e., tobacco retailers, to have dedicated efforts by City staff to ensure that their competitors comply with the City's license program. 3. There is a reasonable relationship between the impacts the City experiences from tobacco retailing, and the tobacco retailers on whom the fee is imposed because the fee is based upon a portion of the cost of administration, implementation, monitoring and enforcement of the tobacco retail licensure program. The Council finds in adopting this fee that the more tobacco retail licenses the City issues to tobacco retailers, the more impacts there are on City resources. Resolution No. 2006-XXX 756'19 Page 1 oft 4. This fee will take be imposed commencing January 1, 2007. 5. The fee for this service would not duplicate any existing fee, charge, levy, or other toll currently collected by the City or any public agency, and would be distinct and separate from any current or future fee imposed by the County of Orange on tobacco retailers. 6. The moneys collected by this fee would be directed into a fund that would be used only to recover the cost of administration, implementation, monitoring and enforcement of the tobacco retail licensure program. c. Based upon the City's study the annual cost of administering, implementing, monitoring and enforcing the license program exceeds $350.00 per tobacco retail location. A written study confirming this fact is on file with the Clerk of the Council and is incorporated herein by reference as though fully set forth. D. Based upon all the testimony, reports and other evidence submitted on this matter, this City Council makes the above-specified findings. Section 2. An annual $350.00 per license fee is hereby established for each proprietor applying for a tobacco retail license at a given location. This annual fee will be collected beginning January 1, 2007. Section 3. Without further action of the City council this fee shall be incorporated into the City's miscellaneous Fee Schedule. Section 4. If any charge, fee, service charge, section, subsection, sentence, clause, phrase or word of this Resolution is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed and adopted this Resolution, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid. Section 5. This Resolution shall take effect only if The Tobacco Ordinance is adopted and at the same time it becomes effective, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. Resolution No. 2006-XXX Page 2 of 2 ~ C ~ _~ O ADOPTED this day of 2006. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Lorena C. Penaloza Assistant City Attorney AYES: NOES Councilmembers Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2006-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 75B-21 Resolution No. 2006-XXX Page 3 of 2 75B-22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 16, 2006 TITLE: PUBLIC HEARING - AMENDMENT APPLICATION NO. 2006-04 TO ALLOW A ZONE CHANGE FROM C3-A TO SPECIFIC DEVELOPMENT ZONE NO. 80 AND CONDITIONAL USE PERMIT NO. 2006-14 AND SITE PLAN REVIEW NO. 2006-07 TO ALLOW MIXED USE DEVELOPMENT WITH FIVE CONDOMINIUM UNITS AND GROUND FLOOR RETAIL LOCATED AT 320 WEST FOURTH STREET - URBAN+W +STRAT IES, APPLICANT r CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~` Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-234. 2. Adopt an ordinance approving Amendment Application No. 2006-04. 3. Adopt a resolution approving Site Plan Review No. 2006-07. 4. Adopt a resolution approving Conditional Use Permit No. 2006-14 as conditioned. PLANNING COMMISSION ACTION On September 25, 2006, the Planning Commission recommended that the City Council approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2006-234; adopt an ordinance approving Amendment Application No. 2006-04; adopt a resolution approving Site Plan Review No. 2006-07; and adopt a resolution approving Conditional Use Permit No. 2006-14 as conditioned by a vote of 7:0 to allow a zone change from Central Business Artists Village (C3-A) to Specific Development Zone No. 80 and to allow mixed use development with five condominium units and ground floor retail at 320 West Fourth Street (Exhibit A). The Planning Commission added 4 conditions to the project which include: 1. Exterior materials shall include a real stone product on the facade of the first three floors of the building. 75C-1 AA No. 06-04, SPR No. 06-07 and CUP No. 06-14 October 16, 2006 Page 2 2. The exterior east wall shall be reviewed in detail for potential aesthetic improvements, and/or the potential for temporary signage in compliance with Article XI of Chapter 41 of the Santa Ana Municipal Code. Additionally, plant material should be included on the roof deck that may spill over the wall to soften the hard edges of the top floors of the building. 3. With regards to Covenants, Conditions and Restrictions (CC&R's), the Planning Commission added the following provisions: a. The CC&R's shall provide notice that a unique on-site parking solution (a hydraulic parking lift) has been utilized for the project, and that owners shall indemnify, defend and hold harmless, the City of Santa Ana for any claims arising from the operation of the parking lifts in a form approved by the City Attorney. b. A covenant shall be recorded for each lot that shall indemnify and hold harmless the City in a form approved by the City Attorney. 4. Site Plan Review approvals shall expire at the same time as the Conditional Use Permit which expires after a period of two (2) years from the date of final approval. If the Final Subdivision Map has been vested, then the site plan review and conditional use permit will remain valid as long as the subdivision map remains valid. Additionally, the Community Development Agency will present for future Redevelopment Agency action a related matter concerning the disposition and development agreement (DDA) for this property. FISCAL IMPACT There is no fiscal impact associated with this action. Ja M. Trevino ecutive Director Planning & Building Agency HS:rb he \Wee[ End Lofte\AA06-04 9PR06-0] NP06-14.cc 75C-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: SEPTEMBER 25, 2006 TITLE: PUBLIC HEARING - AMENDMENT APPLICATION NO. 2006-04 TO ALLOW A ZONE CHANGE FROM C3-A TO SPECIFIC DEVELOPMENT ZONE NO. 80 AND CONDITIONAL USE PERMIT NO. 2006-14 AND SITE PLAN REVIEW NO. 2006-07 TO ALLOW MIXED USE DEVELOPMENT WITH FIVE CONDOMINIUM UNITS AND GROUND FLOOR RETAIL LOCATED AT 320 WEST FOURTH STREET Prepared by Hally Soboleske ~ Executive Director RECOMMENDED ACTION Recommend that the City Council: PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO Planning Manager 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2006-234. 2. Adopt an ordinance approving Amendment Application No. 2006-04. 3. Adopt a resolution approving Site Plan Review No. 2006 -07. 4. Adopt a resolution approving Conditional Use Permit No. 2006-14 as conditioned. DISCUSSION Background and Project Description The subject property is located at 320 West Fourth Street (Exhibit 1) in the Central Business Artists Village (C3-A) zoning district, and has a General Plan land use designation of District Center (DC), and is located within the Downtown Historic National Register District. Surrounding land uses include historic commercial buildings to the east (Semi-Tropic Hotel), west (West End Theater), and south (American Legion Hall) (Exhibits 2 and 3), as well as the Ronald Reagan Federal Building to the north. An alley runs directly behind the property in an east/west configuration. The proposed project consists of the construction of a new 16,000 square foot mixed-use building with 1,189 square feet of retail on the first floor, 3,544 of basement that includes parking and storage, as well as five residential units occupying the remaining upper floors, EXHIBIT B 75C-3 AA No. 06-04, SPR No. 06-07 and CUP No. 06-14 September 25, 2006 Page 2 on a 4,000 square foot lot. Parking will be provided in a garage using a mechanical parking lift. The application includes a request for a zone change to create a Specific Development zone with development standards for the proposed project. Analysis of the Issues This project, though small in size, presents a number of complex issues due to its location on a small infill lot within a National Register Historic District with limited site access in an area that is completely built out. The following analysis highlights the policy issues that were considered during the review of this project. The project was also the subject of several study sessions, most recently with the Historic Resources Commission on September 7, 2006 and subsequently with the Planning Commission on September 11, 2006. The questions raised at these meetings have been addressed through the final design and recommendation of approval for the project. Land Use The property is currently zoned C3-A. This zoning designation allows commercial uses by right and live/work communities subject to the approval of a conditional use permit. The proposed mixed-use project includes a commercial component on the ground floor and residential units above (Exhibit 4). The residential units, while they may be used in a live/work manner, are not designed to the standards for live/work communities contained within the C3-A zone. In addition, the property is within the boundaries of the Santa Ana Renaissance Specific Plan study area and, as such, it is anticipated that its zoning will change with the ultimate adoption of the Specific Plan. That being the case, staff believes that the best way to provide a regulatory framework for this project in the interim is to create a Specific Development zone that would address the unique circumstances of the proposed project rather than amending the larger C3-A zone (Exhibit 5). Parking and Site Access Parking will be provided at a comparable amount to that of existing multi-family residential code requirements of one space per bedroom. Since the proposed units have open floor plans, it is proposed to impose the following parking requirements: 75C-4 AA No. 06-04, SPR No. 06-07 and CUP No. 06-14 September 25, 2006 Page 3 • One parking space for each unit with a size of 1,600 gross square feet or less of residential area per unit. • Two parking spaces for each unit with a size of 1,601 gross square feet up to 3,200 gross square feet of residential area per unit. • Three parking spaces for each unit with a size of 3,201 and larger gross square feet of residential area per unit. This creates a total requirement of eight parking spaces for the project. The parking for the commercial (ground floor) component of the building, as well as any guest parking, would be served by existing street parking and public parking structures. The applicant proposes to supply these eight parking spaces via a stacking parking lift accessed from the rear alley. It has been determined through a study by Kaku and Associates that alley access is a viable solution for this infill project. The parking lift will have assigned spaces per residential unit, and Covenants, Conditions, and Restrictions (CC&Rs) will be in place to educate prospective owners as to any property constraints. Architecture and Historic Compatibility The proposed building will be designed in a modern architectural style with design details and use of building materials to tie it into the existing fabric of the Historic District, while at the same time providing a strong counterpoint to the historic architecture surrounding it (Exhibit 6). The building will feature a shopfront glass facade at the ground level accented with metal canopies over the retail/gallery entry doors. The front facade of the building for the upper residential floors include large roll-up windows clear non-reflective glass. Stone veneer will clad the facade on the bottom three floors in order to tie in to create a feel of permanence and natural materials found in the historic fabric of the block. Through a study performed by an architectural historian, Kaplan Chen Kaplan, and review by the Historic Resources Commission, it has been determined that the juxtaposition of contemporary style architecture and eclectic historic commercial architecture meets the Secretary of the 75C-5 AA No. 06-04, SPR No. 06-07 and CUP No. 06-14 September 25, 2006 Page 4 Interior's Standards as it relates to infill development. Additionally, the Downtown National Register District includes buildings in a variety of heights ranging from single story to six stories. Based on this information and analysis, staff believes that the proposed structure is compatible with the massing and scale of other buildings in the district. Historic Ghost Billboard The project site is located on a lot that has been vacant since 1978. The site has been occupied by a variety of one and two-story buildings over time, with a fire and subsequent demolition, of a commercial building in 1978. The site was cleared and the existing basement was excavated. During the demolition, a "ghost billboard" was uncovered on the adjacent Semi Tropic Hotel building directly to the east (Exhibit 7). This sign is a remnant of billboard advertising painted directly on the building's party wall. While not individually listed on the Santa Ana Register of Historical Properties, it has been determined through a study by a qualified architectural historian that the ghost sign is eligible for listing in the California State Historical Register, thereby rendering it worthy of preservation. Additionally, the Historic Resources Commission had the opportunity to review and comment regarding this project at its September 7, 2006 meeting. The applicant proposes to highlight this ghost sign by creating a courtyard next to the adjacent Semi-Tropic Hotel building. This will be accomplished through a 30-foot setback of the proposed building for a width of approximately 15 feet. This courtyard will be gated, and will highlight the public view of the historic ghost sign through landscaping, a water feature, and an interpretive sign with photos of the sign in its entirety. Additionally, the sign will be fully documented through the completion of a Historic American Building Survey (HABS) This survey includes large format pictorial documentation, as well as historical documentation and drawings. Summary and Conclusion Based upon the analysis detailed above, it is recommended that the Planning Commission recommend that City Council approve Amendment Application No. 2006-04, approve and adopt the Mitigated Negative Declaration for Environmental Review No. 2006-234, Site Plan Review No. 2006-07 and Conditional Use Permit No. 2006-14 (Exhibits 8 and 9). 75C-6 AA No. 06-04, SPR No. 06-07 and CUP No. 06-14 September 25, 2006 Page 5 CEQA Compliance In accordance with the California Environmental Quality Act, a Mitigated Negative Declaration Environmental Review No. 2006-234 has been prepared for this project (Exhibit 10). 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COMMERCIAL-MUSEUM DISTRICT C2 GENERAL COMMERCIAL C3 CENTRAL BUSINESS C3-A CENTRAL BUSINESS-ARTIST'VILLAGE C4 PLANNED SHOPPING CENTER CS ARTERIAL COMMERCIAL C3-xon ~~' SD-37 I r--=e`n--~~ I~ M2 C3-A I ~ ~2 P~2 I M2 C3-A C3-A I C3-A non ~R2 °R2q _s. _____. _- r mi ai 0~ e 72 ~ ~ C2-xon C2xou C2wx 0 IIL JkM" SO a ~iro2u nou ¢ ~wi xou ~~ RY O fl2 R2 I C2 C2 R3 R3 R3 R3 ao ~~ ~ SM SM B L R3 RJ L~ R9 R3 R3 R3 0~ 0~ a $M I SM ¢ R3 R3 R3 R3 R3 R3 ~ R3 R3 ~ R3 ° R3 P3 R3 ~~ 0 ~ M I S~ RB ~O R1 R1 R1 Po (((~~~ I,M-,~ Rz R2 R7 R7 R7 I II C,a EI I S I MM ?s P2 R1 Rl Rl R1 I ILh U C ~ R1 ° R7 111 ~ ~ ~ SM ~~ R2 R1 R1 R1 Rl ~ ~n..ninn nn n rte; sMl Fpe R7 R1 CR COMMERCIAL RESIDENTIAL R7 SINGLE-FAMILV RESIDENCE GC GOVERNMENT CENTER R2 TWO-FAMILY RESIDENCE M1 LIGHT INDUSTRIAL R3 MULTIPLE-FAMILY RESIDENCE M2 HEAVY INDUSTRIAL R4 SUBURBAN APARTMENTS MO MILITARY OPERATIONS RE RESIDENTIAL ESTATE O OPEN SPACE SD SPECIFIC DEVELOPMENT P PROFESSIONAL SP SPECIFIC PLAN PCD PLANNED CCMMUNRV DEVELOPMENT PRD PLANNED RESIDENTIAL DEVELOPMENT - ~~~ AA-2006-4-S D/C U P-2006-14/ SPR-2006-07/ER-2004-234 ~ - - = 500 FEET ~~°~~ WEST END LOFTS ,'~_~ DD° 320 WEST FOURTH STREET P L A N N I N G A N D B U I L D I N G A G E N C Y VICINITY MAP 7~~iI~T 1 (] O V M E N T OOMMERCIAL C O M E C I A L G O V R M E N T FOURTH STREET Q __ U U r ~ C O M M E R C I A L ~ ~ ~ C O M E C I A L W g ~ ~ M 1`i p O ~ o b r N 2 C O M M E R C I A L O U ~ ¢ ~ m w M W C O M M E R C I A L E O C O M M E R I A L U THIRD SKEET O P E N SPACE C O M M E R C I A L M U L T I~ F A M I L V AA-2006-4-S D/C U P-2006-14/ .^, . SPR-2006-07/ER-2004-234 ~ WEST END LOFTS ~ 320 WEST FOURTH STREET P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 75C-9 AA 0&4-SDI CUP 06-74/ SPR 06-7/ ER 04-234 irXkl~$IT,w3n r w ~ N ~ AVM4VOa8 ~~ 3 K ~ _. -. -. -. _ _ ~p~p11 O N •~e pN e gg ~ :~ ~~+~ 8 ~~~ ~~ W „ C~ ~3 OZ O w I ~. 3 T3 y~ ~((~~ ~_ ~ Q E ~ele ~ ~ ~RR~ R~ . P ~ ~. g ~ ~ y C o N •• ~ Q ~9y F~~V7 ~y~ I G ~9W39~9~~~~ ~~~ 8 Z ~ ' .~ - aaa i ~ ~ y _6 GZ Y ~~„a ~~~ ~ a {f W w + ~~ ~p ~~~~ ~ s tilil~ ~ ~~~ ~ ~} ~~~ $ ~~ ~~ali H~~ ~~~~~ F N ~ ~ ~~~ ~~~ z~~ o o y Z N ,,, ~~ W + z > ~ e~ >~ H a m ~ ~ N ~ ~~ W ~ ` ~~~ ~ u ~s~i ~ ; ° 3 , -- , ~ I~ ~~ ~ a ~~ .~, 0 w ~ _ - - 1 ~ q r s _~_ f ~ ~~ z o ~ (~ r ~ ~ ~ o Z ua J ~1~ y 1 Z _ N - w H ti Vl/ N - w a!7 nn os-n-soicuP os-yai SPR 06-7/ E04234 8 Specific Development Plan No. 80 Section 1. Applicability of Ordinance The specific development zoning district for amixed-use (commercial land use with a residential component) project as authorized by Chapter 41, Division 26, Section 41-593 et seq. of the Santa Ana Municipal Code (SAMC), is specifically subject to the standards and regulations contained in this plan for the express purpose of establishing land use regulations and standards. All other applicable chapters, articles, and sections of the SAMC and any other regulations adopted by the City Council shall apply unless expressly stated or superseded by this ordinance. All terms contained herein shall be defined by the SAMC, unless specifically defined herein. Section 2. Purpose Specific Development Plan No. 80 (SD-80), consisting of standards and regulations, is hereby established for the express purpose of protecting the health, safety, and general welfare of the people of the City by promoting and enhancing the value of properties and encouraging orderly development. SD-80 sets the development and design criteria fora development consisting of approximately four thousand (4,000) square feet, within the Downtown Historic National Register District. The purpose of this specific development is to allow for flexibility in site planning and design to respond to market conditions while assuring high quality development in this architecturally significant location. SD-80 specifically establishes for the property the following: • Permitted uses. • Development and operational standards, including building height limits, require setbacks, parking, landscaping provisions, and enforcement policies, as well as a provision for the protection of historic resources. • Maximum authorized intensity. • Signage provisions. • Refuse collection. • Utility requirements. Section 3. Objectives The objectives of SD-80 include provisions of the following: A long-term development that is of the highest architectural quality and design, and that architecturally complements the Downtown National Register District. A landscaping plan that is complementary to amixed-use development and sensitive to the surrounding community. A visually harmonious development as viewed both internally and externally. EXHIBIT 5 75C-12 Specific Development Plan No. 80 September 2006 Page 1 of 7 • A development that is consistent with the District Center designation of the General Plan and which implements the spirit and intent of policies of the General Plan. • A circulation system that is responsive to the needs of both vehicular and pedestrian travel. • The provision of a mixture of high quality housing and ground level commercial uses along Fourth Street so as to enhance the viability and vibrancy, and pedestrian-friendly qualities of the Downtown. • A mixed-use project complementing an adjacent historic resource "ghost sign" located on the structure immediately east of this site, as well as other culturally and architecturally significant structures in the area. • A mixed-use project blending with adjacent office and retail/service land uses. Section 4. Permitted Uses The categories of land uses to be included within the project area are retail and services uses, art galleries and studios, offices and a live work community. If a use is for any reason omitted from those specified as permissible or if ambiguity arises concerning the classification of a particular use within the meaning and intent of this Plan, the determination shall be at the discretion of the Planning Manager. Such decision may be appealed to the Panning Commission whose decision is final. A. Permitted uses on the first floor. The following land uses are permitted on the first floor: 1. Retail and service uses 2. The following creative art uses: a. Fine art galleries which may include a studio as an ancillary use. b. Fiber art galleries which may include a studio as an ancillary use. c. Photography studios. B. Conditionally Permitted Uses on the first floor only. The following uses may be permitted in the first floor subject to the issuance of a conditional use permit: 1. Printing, lithography, and calligraphy studios. 2. Glass blowing and sculpturing studios. 3. Ceramic and pottery studios. 4. Cyber cafes and subject to compliance with the requirements of SAMC Section 41-198.200. C. Permitted Uses on floors above the first floor: 1. Professional and administrative offices, design professionals, but excluding medical, dental, and massage therapy offices. 2. Fine art studio. Specifc Development Plan No. 80 7 C /'- ~ A ~} September 2006 J ~.I 1 ~7 Page 2 of 7 3. Fiber art studio. 4. Photography studio. D. Conditionally Permitted Uses on floors above the first floor: 1. Multiple-family dwelling. 2. Live-work community. 3. Printing, lithography, and calligraphy studios. 4. Glass blowing and sculpturing studios. 5. Ceramic and pottery studios. E. All other uses not expressly permitted or conditionally permitted in this ordinance are prohibited. This development has specific constraints due to the limited site capacity and availability of parking, and therefore, there is a maximum of five (5) dwelling units, live/work community units or commercial tenant spaces within the floors above the first floor. Section 6. Development Standards A. Building height and basement. 1. Structures are subject to a height limitation of sixty-eight (68) feet above ground level, which is defined as the vertical distance measured from the curb level to the highest point of the roof surface. This excludes elevator override area, appurtenances, and rooftop railings. 2. The building shall incorporate a full basement, which shall be used solely for vehicular parking and storage. B. Setbacks. Front setback (Fourth Street). Maximum setback is zero; however, any appurtenance such as awnings, canopy, flagpoles, signage must obtain an easement and/or encroachment permit in order to be located so as to project into or over the right-of-way. A step-back of not less than one (1) foot from the front property line shall be implemented for the floors over three (3) stories, excluding basement. Side (west). Maximum setback is zero. 3. Side (east). Specifc Development Plan No. 60 7 ~ ~ _ ~ ~ September 2006 Page 3 of 7 The historic "ghost sign" located on the adjacent building directly to the east of the subject site must be preserved and the north end of the "ghost sign" shall not blocked from public view. Therefore, the eastern side setback shall be a minimum of fifteen (15) feet for a length of thirty-seven (37) feet from the front property line so as to leave a clear view of the resources. Once at this thirty-seven (37) feet distance, no setback is required. C. D. E. 4 Rear (south). No setback required although, if parking is located off the alley, a minimum twenty-three feet, six inches (23'6") setback from the alley centerline shall be maintained to allow for driveway turning radius. Standards for dwelling units, live work community units, or commercial tenant spaces above first floor 1. A maximum of five (5) dwelling units, live work community units, or commercial tenant spaces for this project. 2. Each dwelling unit, live work community unit, or commercial tenant space shall be at least one-thousand (1,000) gross square feet in size. 3. Each dwelling unit, live work community unit, or commercial tenant space shall have bathroom facilities apart from other residential units, including a water closet, wash basin, and a bathtub or shower. 4. Each dwelling unit, live work community unit, or commercial tenant space shall have kitchen facilities apart from other units, including a kitchen sink, cooking appliances, and refrigerator. All such facilities shall have a clear working space of at least thirty (30) inches in front of and perpendicular to it. 5. Each dwelling unit, live work community unit, or commercial tenant space first floor shall have its own storage area in the in the basement of the building. Standards for commercial tenant space at first floor. 1. Each commercial tenant space shall space shall be at least one-thousand, one-hundred (1,100) gross square feet. 2. Each commercial tenant space shall be provided a minimum of seven hundred-eighty (780) square feet of storage space which shall be made available within the basement of the building. Parking. 1. Parking provided on-site shall be provided by interior garage and parking lift. 2. Units above ground/street level shall be provided at a minimum of standards defined as: a. One (1) parking space for each unit with a size of one-thousand, six- hundred (1,600) gross square feet or less. . Specific Development Plan No. 80 7 C ~ ~ A C September 2006 a7 1 a7 Page 4 of 7 b. Two (2) parking spaces for each unit with a size of one-thousand, six- hundred and one (1,601) gross square feet up to three-thousand, two- hundred (3,200) gross square feet. . c. Three (3) parking spaces for each unit with a size of three-thousand, two-hundred and one (3,201) and larger gross square feet. . 3. No additional parking shall be required on site. 4. No guest parking shall be permitted within the parking lifts. F. Walls and Screening. 1. Except as provided in Section 6(G)(1)(c) below, any wall or fence shall be constructed in compliance with the SAMC and is subject to approval of the Planning Division. 2. Any equipment, whether on the roof, side of the building, or in the courtyard area, or on the ground, shall be screened. The method of screening shall be architecturally integrated with the building in terms of material, color, shape, and size. G. Landscape/Hardscape Standards. The final design satisfying the following requirements shall be subject to the review and approval of the Planning Manager: 1. A minimum of alive-hundred fifty-five (555) square foot courtyard shall be maintained at the front of the property so as not to obscure the historic "ghost sign" on the structure immediately east of the proposed building. a. This courtyard shall maintain a water feature, hardscape and landscape features to complement and highlight the historic "ghost sign". b. The courtyard area shall incorporate uplighting to highlight the historic "ghost sign" to enhance the visibility, attractiveness, and preservation of this cultural feature. This uplighting feature shall be on a timer so as to minimize the amount of exterior lighting from 10:00 p.m. to 7:00 a.m. c. The courtyard area shall incorporate seating, seat walls, water feature, lighting, artwork (such as sculpture or sculpturally designed fence and gate) and landscaping to provide visual interest and additional amenities within the area. All seating, benches, and surfaces shall be made of a durable material such as concrete, stone, or painted iron, and be designed to minimize effects from vandalism, weather, and incorporate graffiti resistant coatings. d. Landscaped areas within the courtyard area shall be irrigated using an automatic sprinkler system. The project shall have an approved Landscape Plan prior to construction permits being issued, and shall be fully implemented prior to issuance of Certificate of Occupancy. 2. First floor pedestrian amenities shall include lighting, and planters. These amenities shall be designed to minimize effects from vandalism, weather, and incorporate graffiti resistant coatings. Additional pedestrian amenities are Specific Development Plan No. 60 75,._,, ~ September 2006 ~.I 1 Page 5 of 7 encouraged for the site. 3. Roof deck amenities shall be provided for the use of each dwelling unit, live/work community unit, or commercial tenant space. These amenities shall include seating, seat walls, and landscape planters. Any permanent landscape feature must be irrigated using an automatic sprinkler system. The rooftop amenities shall be maintained and shall be designed to minimize effects from vandalism, weather, and incorporate graffiti resistant coatings. H. Architectural Design Features. The final design satisfying the following requirements shall be subject to review and approval of the Planning Manager: 1. Exterior Materials: Exterior materials and finishes will comply with site plan review approvals granted through the Planning Commission or City Council. Exterior materials on the first three floors shall include real stone on the fagade. Exterior enclosures and similar ancillary structures are to match the proposed structure in terms of texture, materials, and color palette. 2. Design Features: Any minor alterations and/or additions shall be in keeping with the original approved design of the structure in terms of scale, rooflines, materials, and color palette. Additionally, a written report shall be prepared by a qualified architectural historian and submitted to and approved by the Planning Manager demonstrating how the overall architectural design is compatible with the Downtown National Register District. 3. Lighting Standards/Fixtures: A minimum of one (1) foot candle of light shall be provided throughout the parking area and the parking apron. Specifications of light standards/fixtures and photometrics shall be submitted to the Planning Division and Police Department for approval prior to issuance of construction permits. 4. Except as provided in Section 4(G)(1)(b) above, there shall be no glare or spillover lighting into adjacent properties. All exterior glass materials on the exterior of the building shall be non-reflective. 5. The ceiling of the parking facilities shall be painted white, and be maintained to improve illumination and enhance safety within this area. The Planning Manager may approve minor modifications to the standards specified in this SD-80, provided that such changes are consistent with the purpose, scope, and intent of this document. The Planning Manager has the sole and absolute discretion to determine what constitutes a "minor modification". Section 7. Si4naae A. All signage shall comply with the Santa Ana Municipal Code. A comprehensive sign program for the entire site, including, but not limited to, freestanding, wall, directional, addressing, permanent signs and graphics, shall be submitted and approved by the Planning Manager prior the issuance of any sign permit. Specifc Development Plan No. 80 7 ~ ~ ~ ~ 7 September 2006 Page 6 of 7 B. The elevation directly facing Fourth Street shall be considered the primary elevation for signage purposes. Section 8. Refuse Collection Area Areas to handle the refuse for the development site shall be integrated into the building. At minimum, the project shall provide two (2) refuse collection areas measuring a minimum of eleven feet by seven feet (11' x 7') each. One collection area is to be used for refuse, and the other shall be for recycle materials. Such collection areas shall be enclosed and viewable by refuse collectors, with exterior materials such as concrete block with metal doors. Additionally, each collection area shall provide "chutes" to allow refuse from upper floors to collect within these areas to the extent required by A6239 or City of Santa Ana Ordinance and that determined by the Planning Division. Section 9. Telephone. Electrical, Water. Gas, and Cable A. All on-site utilities shall be placed underground. B. Transformers of terminal equipment shall be visually screened from view from streets, and adjacent properties. C. There shall not be exposed downspouts, scupper drains, electrical or mechanical lines on the exterior of the building. All mechanical equipment shall be screened from view in an architecturally integrated manner, and shall not be visible from a distance of three-hundred feet (300') from ground level at a pedestrian height. D. Each unit shall be provided its own gas, electric, and water meters Specific Development Plan No. 80 7 ~~ _ ~ ~ September 2006 Page 7 of 7 ~~ ® ~~ a z a a z a H N ~ W N ~ H w LL ~ 0 J ~ 0 ~ z w w 3 ~ z h a w m 3~ AA 06-4-SD/CUP 06-14/ SPR 06-7/ ER 04-234 75~T ~ 9 ASP U&7'ER 04234 EXHIBIT 7 75C-20 Conditional Use Permit No. 2006-14 September 25, 2006 Page 1 of 2 Findings of Fact A. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The proposed new building will contribute to the general well being of the area by providing new pedestrian friendly commercial space along the predominantly commercial Fourth Street corridor on a lot that has been vacant for a long period of time. Further, the proposed residential land use in the upper floors of the proposed building will only enhance the vibrancy of the Downtown by bringing additional consumers and entrepreneurs directly to the area. B. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity? The proposed residential land use in the upper floors of the proposed building will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity. The parking garage is secured via remote control access only to allow for secure use of the parking area for residents. Additionally, the alley will be well-lit to as to offer increased safety and more visibility to drivers. The parking area will also be enhanced through a mirror to allow drivers backing into the alley to see oncoming traffic. Oncoming traffic will be notified when a vehicle is backing out of the parking area through the use of a flasher light triggered by the garage door opening. The front courtyard area of the building will be enclosed with a safety gate to prevent vandalism and graffiti. C. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The new building, in conjunction with high quality landscape, hardscape and architectural style and materials, will be visually pleasing and offer a highly improved appearance from the vacant lot. The overall economic stability of the area will be strengthened as a result of new commercial services being added to the area. EXHIBIT 8 75C-21 Conditional Use Permit No. 2006-14 September 25, 2006 Page 2 of 2 D. Will the proposed use comply with the regulations and conditions specified in Chapter 41 of the Santa Ana Municipal Code for such use? The proposed building with commercial on the ground floor/street level and residential uses on the upper floors will operate in compliance with Specific Development 80 and the Santa Ana Municipal Code. The courtyard which will be visible from the public right-of-way will be landscaped and provide visual interest through the use of high quality hardscape, seating, seat walls, and water feature. The proposed project meets the intent of live/work projects that are allowed via C3- A zoning. E. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use is in keeping with the density and uses identified by the General Plan designation of District Center. The project supports General Plan Land Use Policy Number 1.0 which calls for the promotion of a balance of land uses to address basic Land Use Policy Number 2.0 which calls for the promotion of land uses to enhance the City's economic and fiscal viability. The mixed use project accomplishes both these goals simultaneously. 75C-22 SEPTEMBER 25, 2006 PAGE 1 OF 5 Conditions for Approval Conditional Use Permit No. 2006-14 is approved subject to compliance to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code, and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in revocation of the conditional use permit. A. Planning Division 1. Comply with all conditions and requirements from the Development Review Committee (DRC) for the development project (DP2004-91). 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The buildings shall be of wood or steel construction with a quality and durable exterior materials as shown on the architectural plans, material boards and material specifications submitted for this project. Exterior materials shall include a real stone product on the facade of the first three floors of the building. 4. The exterior east wall shall be reviewed in detail for potential aesthetic improvements, and/or the potential for temporary signage. Additionally, plant material should be included on the roof deck that may spill over the wall to soften the hard edges of the top floors of the architecture. 5. Prior to issuance of building permits, the interior building amenities shall be submitted for review by the Planning EXHIBIT 9 75C-23 SEPTEMBER 25, 2006 PAGE 2 OF 5 Division. The amenity package submitted for review shall include but not be limited to flooring, staircase railings, doors and hardware, kitchen appliances and cabinetry, dual bowl sinks and fixtures, the walls, tiled showers enclosures and kitchen countertops of stone the or stone slab, or their equivalent. At minimum, the amenities will include the equivalent or higher grade of a General Electric Monogram Series product line for the kitchen appliances. 6. Prior to issuance of building permits, size specifications and details regarding each unit's access to elevators, shall be provided to the Planning Division. 7. The project shall include eight parking spaces utilizing a Klaus P310 parking lift. Detailed drawings and specifications shall be provided regarding the parking lift's operation, size, and mechanics. Each residential unit shall be allotted parking per the standards stated in Specific Development 80. 8. The parking garage shall provide insulated garage door(s) with automatic opener, transmitter and remotes. 9. Prohibit all first levels from any encroachment for use as bedroom space. The first floor (street level) is to be used for retail/gallery area as defined in Specific Development 80. 10. Covenants, Conditions, and Restrictions (CC&Rs) must be approved by the Planning Manager prior to the issuance of any building permit. Such CC&Rs must contain at a minimum, the following: a. Project and site maintenance. b. Standards shall be established for the exterior maintenance of each unit within the community. c. Graffiti removal will be required within 48 hours. d. Assignment of repair of perimeter walls/fencing will be specified in the CC&Rs in the event of damage. e. CC&Rs are to be in effect in perpetuity. f. Any proposed modifications to the CC&Rs will require approval by the City of Santa Ana. g. The use of professional management to ensure a quality operation and maintenance. h. The site restrictions regarding to number of parking spaces. i. The site restrictions regarding the turning radius into the garage area. 75C-24 SEPTEMBER 25, 2006 PAGE 3 OF 5 j. Types of commercial/businesses allowed in the residential areas. k. Number of employees to be limited to two per 1,000 square feet of gross floor area of the unit. 1. No more than one business per residential unit. m. Standards shall be established for the ongoing maintenance of the parking lift. n. The use of a unique parking facility (parking lift) shall indemnify the City of Santa Ana for any liability for any potential accidents or injuries resulting from this facility. o. A covenant establishing the City of Santa Ana's release of liability regarding the unique parking facility (parking lift) shall be recorded with the County of Orange Recorder's Office. 11. A tentative tract and final tract map shall be approved prior to the applicant exercising the rights conferred by this conditional use permit. 12. This conditional use permit shall be null and void and of no force and effect unless and until the City Council, in the exercise of its sole discretion, approves a tentative tract map for this project. 13. The proposed structure shall be built to all applicable commercial codes established by the 2001 California Building Code, and shall be compliant with the Americans with Disabilities Act to allow for the commercial uses on upper floors. 14. Prior to issuance of building permits, the exterior building amenities, materials and finishes, and balcony railings shall be submitted for review and approval by the Planning Division. Exterior glass shall be Class "A" and blue or green non- reflective, safety material. 15. Prior to issuance of building permits, specifications and details of the rollup window covers shall be provided to the Planning Division for review and approval. 16. Prior to issuance of building permits, the exterior building amenities, specifically the courtyard area at street level, water feature, street furniture and seating, security fencing, as well as materials and finishes shall be submitted for review and approval by the Planning Division. 75C-25 SEPTEMBER 25, 2006 PAGE 4 OF 5 17. The applicant shall provide a plan for lighting and landscape maintenance. The lighting and landscape plan and design will be reviewed by the Planning Division during the plan check phase. 18. Prior to issuance of building permits, the exterior building amenities, specifically for the roof deck area, as well as materials and finishes, and roof deck railings, and accessibility shall be submitted for review and approval by the Planning Division. This submittal shall include landscape and hardscape details, as well as furniture, any proposed water feature, and/or any recreational amenity. 19. Prior to issuance of building permits, details regarding each unit's access to the roof deck, as well as elevator specifications, shall be submitted for review and approval by the Planning Division. 20. Prior to issuance of building permits, details of the building's security feature for visitors to contact individual units for entry shall be submitted to the Planning Division and Police Department for review and approval. 21. Prior to issuance of building permits, submit for review a plan outlining the design of the fire access location, as well as automatic fire sprinklers, fire alarms, and standpipe systems. 22. Prior to issuance of building permits, submit a plan for review indicating the location of utility vaults, transformers, check valves, air conditioning units, and gas and water meters. These appurtenances shall be screened from public view and be integrated into the building's architecture. 23. Prior to issuance of building permits, submit a plan for review indicating the location of all water heaters. These mechanical items are to be within the footprint of the building. 24. Prior to issuance of building permits, submit a Historic American Building Survey (HABS) related to the historic ghost sign on the easterly adjacent building that is completed by a qualified Architectural Historian to the Planning Division for review and archival purposes. 75C-26 25, 2006 PAGE 5 OF 5 25. Prior to issuance of building permits, submit a proposal for an interpretative sign and display to be mounted on the Fourth Street building fapade at street level related to the historic ghost billboard for review and approval by the Planning Division. This interpretative sign shall include photographs of the billboard, as well as a narrative description of the billboard's historical aspects. 26. Prior to issuance of building permits, an address directory/plan with accompanying floor plan must be submitted to the Planning Division for approval. 27. Prior to issuance of building permits, an onsite mailbox location for all units must be submitted to the Planning Division and approved by both Planning and the United States Post Office for location and method of operation. 28. Prior to issuance of Certificate of Occupancy, a mirror shall be installed in such a way to allow those backing into the alley from the project's parking garage, to see oncoming traffic from said alley. This mirror may not project into the right-of-way. Should the mirror be required to be installed on an adjacent property, an easement shall be obtained from the owner of said adjacent property. 29. Prior to issuance of Certificate of Occupancy, a flashing traffic/warning light shall be installed to alert drivers headed east in the alleyway that a vehicle is emerging from the project's parking garage. Should the flasher be required to be installed on an adjacent property, an easement shall be obtained from the owner of said adjacent property. 30. Prior to issuance of Certificate of Occupancy, the building address number shall be posted on the building's fapade, facing Fourth Street, in a minimum of four-inch letters. 31. Prior to issuance of Certificate of Occupancy, a sign program shall be submitted to the Planning Division for review and approval which includes a building address directory. 32. Site Plan Review approvals shall expire in conjunction with the expiration of this Conditional Use Permit in a period of two (2) years from the date of final approval if the Tentative or Final Subdivision Map has not been vested. 75C-27 MAY~R Miguel A. Pulido MAYOR PRO TEM usa B'~st COUNCIL MEMBERS Claudia C. Alvarez Carlos Bustamante Alberta D. Christy Mike Garcia Jose Solorio CITY OF SANTA ANA PLANNING 8 BUILDING AGENCY 20 Civic Center Plaza (M-20) P.O. Box 1988 • Santa.Ana, California 92702 (714) 667-2700 • Fax (714) 973-1461 www.santa-ana.org CITY MANAGER David N. Ream .CITY ATTORNEY Joseph W. Fletcher CLERK OF THE COUNCIL Patricia E. Healy POSTED AUG 3;1 2006 TOM Pursuant to the Procedures of the City of Santa Ana for implementation of the California Environmental Quality Act, the Environmental Evaluator has completed an Initial Study for the project described below: Project Number: DP-2004-91 Applicant: Urban+West+Strategies Project Location /Address: 320 West Fourth Street, Santa Ana, CA 92701 Project Title /Description: The subject property is located in the Central Business Artists Village (C3-A) zoning district and has a General Plan use designation of District Center (DC). The proposed project consists of the construction of a new 16,000 square foot mixed-use building, with retail on the first level and five residential units on five levels above, on a 4,000 square foot lot. Parking will be provided in a garage using a lift. Project will require a zone change to create a Specific Development zone with development standards for the zone. And does hereby find: That although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because of revisions to the project and mitigation measures placed on the project, and agreed to by the applicant, reduce each impact to below a level of significance. Signature: - Date: ~~J c~'~ _~ As ciate Planner This determination is not final until adopted by the decision-making body or administrative official, and a Notice of Determination is filed. A SPR OB-T% ER ~ 234 ~ 7"B~~o Environmental Checklist CEQA Compliance PLANNING DIVISION I. Project Title: SD-80 II. Project Numbers: AA-2006-4 SP and ER 2004-234 III. Lead Agency Name and Address: City of Santa Ana Planning Division (M-20) P.O. Box 1988, Santa Ana, CA 92702 IV. Contact and Phone Number: Halle Soboleske (714) 647-5842 V. Project Location: South side of West Fourth Street, east of Birch Street, west of Broadway VI. Project Sponsor's Name and Address: David DiRienzo, Urban+West+Strategies, Inc. 421 North Main Street, Santa Ana, CA 92701 VII. General Plan Designation: District Center (DC) VIII. Zoning: C3-A Downtown Commercial -Artists Village IX. Description of Project: The project is the creation of a specific plan to facilitate the infill development of the downtown project area to improve the pedestrian streetscape, reduce blight, and encourage an urban lifestyle, thereby promoting the use of transit. The intensity of development is in keeping with that allowed per the General Plan designation of District Center that allows ninety dwelling units per acre; however, the subject site will be developed at a six-story height (with one story being below grade). The proposed project consists of the construction of a new 16,000 square foot mixed use building with 1,189 square feet of retail on the first floor, 3,544 of basement that includes parking and storage, as well as five residential units occupying the remaining upper floors. X. Surrounding Land Uses and Setting: The project is located in the central urban core of Santa Ana, and is comprised of a 4,000 square foot lot in the Downtown National Register District. The surrounding land uses include the Ronald Regan Federal Courthouse just north and across the street from the subject site. Additionally, there are retail and office land uses to the south, east, and west. A public alley runs perpendicular and directly behind/south of the site. XI. Other agencies whose approval is required. There are no outside agencies that require approval. LL\M:\West_End Loks\W est_End_Checklistrlv_2.doc Page 1 of 2 75~ta~9 Environmental Checklist CEQA Compliance Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by that project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. O Aesthetics O Agricultural Resources O Air Quality O Biological Resources O Cultural Resources O Geology and Soils O Hazards and Hazardous Materials O Hydrology and Water Quality O Land Use and Planning O Mineral Resources O Noise O Population and Housing O Public Services O Recreation O Transportation and Traffic O Utilities and Service Systems O Mandatory Findings of Significance Environmental Determination On the basis of this initial evaluation, I find that: A. ^ The proposed project COULD NOT have a significant effect on the environment and a NEGATIVE DECLARATION will be prepared. B. ® Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions to the project have been made by or agreed to by the applicant. A MITIGATED NEGATIVE DECLARATION will be prepared. C. ^ The proposed project MAY have a signifcant effect on the environment and an ENVIRONMENTAL IMPACT REPORT is required. D. ^ Although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR (EIR No. -)pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the project, nothing further is required. E. ^ Pursuant to Section 15164 of the CEQA Guidelines, an EIR (EIR No. -)has been prepared earlier and only minor technical changes or additions are necessary to make the previous EIR adequate and these changes do not raise important new issues about the significant effects on the environment. An ADDENDUM to the EIR shall be prepared. F. ^ Pursuant to Section 15162 of the CEQA Guidelines, an EIR (EIR No. -)has been prepared earlier; however, subsequent proposed changes in the project and/or new information of substantial importance will cause one or more significant effects no previously discussed. A SUBSEQUENT EIR shall be prepared. Signature Hallv Soboleske Associate Planner Printed Name LL\M:\West_End_LORS\West_End_Checklistrlv_2.doc C 753'Gf 4~0 August 30. 2006 Date Page 2 of 2 Environmental Checklist CEQA Compliance Evaluation of Environmental Impacts: A brief explanation is required for all answers except "No Impact' answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on aproject-specific screening analysis). II. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. III. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact' entries when the determination is made, an EIR is required. IV. "Less Than Significant with Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact' to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. Less Than Significant Potentially With Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact I. Aesthetics -Would the project: A. Have a substantial adverse effect on a scenic vista? ^ ^ ® ^ B. Damage scenic resources, including but not limited ^ ^ ® ^ to, trees, rock outpourings and historic buildings within a state highway? C. Substantially degrade the existing visual character or quality of the site and its surroundings? ^ ^ ® ^ D. Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? ^ ^ ® ^ 75~,',a31 Environmental Checklist CEQA Compliance Less Than Significant Potentially With Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact II. Agricultural Resources - In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model prepared by the California Department of Conservation as an optional model to use in assessing impacts on agricultural farmland. Would the project: A. Convert Prime Farmland, Unique Farmland or ^ Farmland of Statewide Importance (Farmland) to non-agricultural use? (The Farmland Mapping and Monitoring Program in the California Resources Agency, Department of Conservation, maintains detailed maps of these and other categories of farmland.) ^ ^ B. Conflict with existing zoning for agricultural use or a ^ Williamson Contract? C. Involve other changes in the existing environment ^ which, due to their location or nature, could individually or cumulatively result in loss of Farmland, to non-agricultural use? ^ ^ ^ ^ III. Air Quality -Where available, the significant criteria established by the applicable air quality management or pollution control district maybe relied upon to make the following determinations. Would the project: A. Conflict with or obstruct implementation of ^ ^ ® ^ applicable Air Quality Attainment Plan or Congestion Management Plan? B. Violate any stationary source air quality standard or ^ ^ ® ^ contribute to an existing or proposed air quality violation? C. Result in a cumulatively considerable net increase ^ ^ ® ^ of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emission which exceeds quantitative thresholds for ozone precursors)? D. Expose sensitive receptors to substantial pollutant ^ ^ ® ^ concentrations? 75~f4~2 Environmental Checklist CEQA Compliance Less Than Significant Potentially with Less Than Significant Mitigation Significant No Issues 8. Supporting Information Sources Impact Incorporated Impact Impact E. Create objectionable odors affecting a substantial ^ ^ ® ^ number of people? IV. Biological Resources -Would the project A. Have a substantial adverse impact, either directly ^ ^ ^ or through habitat modifications, on any species identified as a candidate, sensitive or special status species in local or regional plans, policies or regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Services? B. Have a substantial adverse impact on any riparian ^ ^ ^ habitat or natural community identified in local or regional plans, policies, and regulations or by the California Department of fish and Game or U.S. Fish and Wildlife Service? C. Adversely impact federally protected wetlands ^ ^ ^ (including, but not limited to, marsh, vernal pool, coastal, etc.) either individually or in combination with the known or probable impacts of other activities through direct removal, filling hydrological interruption, or other means? D. Conflict with any local policies or ordinances ^ ^ ^ protecting biological resources, such as tree preservation policy or ordinance? V. Cultural Resources -Would the project A. Cause a substantial adverse change in the ^ ® ^ ^ significance of a historical resource as defined in Section 15064.5? B. Cause a substantial adverse change in the ^ ^ ^ significance of a unique archaeological resource pursuant to define Section 15064.5? C. Directly or indirectly disturb or destroy a unique ^ ^ ^ paleontological resource or site? 75~f4~3 Environmental Checklist CEQA Compliance Issues 8 Supporting Information Sources D. Disturb any human remains, including those interred outside of formal cemeteries? VI. Geology and Soils- Would the project: A. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 1. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning map issued by the State Geologist for the area or based on other substantial evidence of a known fault? 2. Strong seismic ground shaking? 3. Seismic-related ground failure, including liquefaction? 4. Landslides? B. Would the project result in substantial soil erosion or the loss of topsoil? C. Would the project result in the loss of a unique geologic feature? D. Is the project located on strata or soil that is unstable or that would become unstable as a result of the project and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? E. Where sewers are not available for the disposal of wastewater, is the soil capable of supporting the use of septic tanks or alternative wastewater disposal systems? Less Than Significant Potentially with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ 75~t;~4 Environmental Checklist CEQA Compliance Less than Significant Potentially with Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact VII. Hazardous and Hazardous Materials- Would the project: A. Create a significant hazard to the public or the ^ ^ ^ environment through the routine transport, use or disposal of hazardous materials? B. Emit hazardous emissions or handle hazardous or ^ ^ ^ acutely hazardous materials, substance or waste within one-quarter mile of an existing or proposed school? C. Be located on a site which is located on a list of ^ ^ ^ hazardous materials sites compiled pursuant to Government Code Section 659662.5 and, as a result, would it create a significant hazard to the public or the environment? D. For a project located within an airport land use plan ^ ^ ^ or where such a plan has not been adopted, within two miles where of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? VIII. Hydrology and Water Quality -Would the project: A. Violate Regional Water Quality Control Board water ^ ^ ^ quality standards or waste discharge requirements? B. Substantially deplete groundwater supplies or ^ ^ ^ interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? C. Substantially alter the existing drainage pattern of ^ ^ ^ the site or area, including through the alteration of the course of stream or river, or substantially increase the rate or amount of surtace runoff in a manner which would result in flooding on or off- site? 75~f4~5 Environmental Checklist CEQA Compliance Less Than Significant Potentially with Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact D. Create or contribute runoff water which would ^ ^ ^ exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted run-off? E. Place housing within a 100-year floodplain, as ^ ^ ^ mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? F. Place within a 100-year floodplain structures which ^ ^ ^ would impede or redirect flood flows? G. Place housing within a 100-year floodplain, as ^ ^ ^ mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? IX. Land Use and Planning -Would the project: A. Physically divide an established community? ^ ^ ^ B. Conflict with any applicable land use plan, policy, or ^ ® ^ ^ regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? C. Conflict with any applicable habitat conservation ^ ^ ^ plan or natural community conservation plan? X. Mineral Resources- Would the project: A. Result in the loss of availability of a locally- ^ ^ ^ important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? 75~t;~6 Environmental Checklist CEQA Compliance Issues & Supporting Information Sources Less than Significant Potentially with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact XI. Noise- Would the project result in A. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? ^ ^ ® ^ B. Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? C. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? D. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without project? E. For a projectlocated within an airport land use plan or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? ^ ^ ® ^ ^ ^ ® ^ ^ ^ ® ^ ^ ^ ® ^ XII. Population and Housing -Would the project A. Induce substantial population growth in an area, either directly (for example, by proposing new homes and business) or indirectly (for example, through extension of roads or other infrastructure)? B. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? C. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? ^ ^ ® ^ ^ ^ ^ ^ ^ ^ 7 rJ,b~6r a~ 7 Environmental Checklist CEQA Compliance otentia y Significant Potentially Unless Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact XIII. Public Services A. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service rations, response times or other pertormance objectives for any of the public service: 1. Fire protection? ^ 2. Police protection? ^ 3. Schools? ^ 4. Parks? ^ 5. Other public facilities? ^ XIV. Recreation A. Would the project increase the use of existing ^ neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? B. Does the project include recreational facilities or ^ require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? XV. Transportation /Traffic A. Cause an increase in traffic which is substantial in ^ relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ration on roads, or congestion at intersections)? ^ ^ 7~l'6f ~`~ Environmental Checklist CEQA Compliance Issues & Supporting Information Sources B. Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? C. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? D. Substantially increase hazards to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? E. Result in inadequate emergency access? F. Result in inadequate parking capacity? G. Conflict with adopted policies supporting alternative transportation (e.g., bus turnouts, bicycle racks)? XVI. Utilities and Service Systems A. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? B. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? C. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? D. Are sufficient water supplies available to serve the project from existing entitlements and resources or are new or expanded entitlements needed? E. Result in the determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact ^ ^ ® ^ ^ ^ ^ ^ ® ^ ^ ^ ^ ® ^ ^ ^ ® ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ 75,~r439 Environmental Checklist CEQA Compliance Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact F. Is the project served by a landfill with sufficient ^ ^ ® ^ permitted capacity to accommodate the project's sold waste disposal needs? G. Comply with federal, state and local statutes and ^ ^ ^ regulations related to solid waste? XVII. Mandatory Findings of Significance A. Does the project have the potential to degrade the ^ ® ^ ^ quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? B. Does the project have impacts that are individually ^ ^ ® ^ limited but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, effects of other current projects and the effects of probable future projects.) C. Does the project have environmental effects which ^ ^ ^ will cause substantial adverse effects on human beings, either directly or indirectly? 75,~ra~0 Responses to Environmental Checklist For CEQA Compliance Aesthetics A. The Scenic Corridors Element of the Santa Ana General Plan identifies certain corridors that serve as major views and vantage points to the City of Santa Ana. These corridors consist of existing scenic vistas or views open to the public. The proposed project is not within a scenic corridor and will not obstruct any scenic vista in the City. Impacts would be less than significant. B. The Orange Freeway (SR-57), Newport Freeway (SR-55), and Garden Grove Freeway (SR-22) are the three state highways that can be found in the City of Santa Ana. The project area is not visible from these highways, and the proposed project will not damage or destroy any scenic resources that are located within the vicinity of these highways. Impacts would be less than significant. C. Implementation of the proposed project would alter the visual quality of the site. However, impacts are anticipated to be beneficial, not adverse. The intent of the project is to improve the aesthetics in the planning area. The architectural style will be designed to complement the Downtown National Register District. The project includes development standards. D. Major sources of light and glare in the planning area include light from street and parking lot lights, illuminated signage, headlights from vehicles, security lighting, and indoor lighting. The proposed project will not introduce substantial new lighting that will be discernable over existing conditions. Impacts would be less than significant. II. Agricultural Resources A. Section 66474.4 of the Subdivision Map Act identifies certain categories of agricultural resources that are significant and, therefore, require special consideration. According to the Santa Ana General Plan, the City of Santa Ana does not contain Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. Therefore, the proposed project will not adversely affect these categories of farmland. B. The Williamson Contract applies to parcels consisting of at least 20 acres of Prime Farmland or at least 40 acres of land not designated as Prime Farmland. Santa Ana does not contain any parcels of Prime Farmland, nor does it contain any parcel consisting of more than 40 acres of farmland. Therefore, the Williamson Contract is not applicable to the City of Santa Ana. C. The proposed project will not disrupt or damage the operation and/or productivity of any farmland in the City of Santa Ana. No impacts would occur. III. Air Quality A. The project will not introduce substantial new growth in population to the downtown area. The project includes five residential units, which would generate a negligible population growth consistent with population projections used to develop the Air Quality Management Plan. Impacts are less than significant. 75,~%r~~ Responses to Environmental Checklist For CEQA Compliance wring the emo Ilion construction associated wit the propose project, short-term construction-related activities will impact air quality in the local area. Long-term, new development and vehicle trips will not result in substantial or significant emissions due to the relatively small scale of this infill development. C. The proposed project will not result in an increase of criteria pollutants in the City of Santa Ana since the thresholds of the region due to the commercial nature of the downtown commercial area account for the contribution of pollutants to the region. This relatively small infill development will not contribute significantly to the region's overall pollutant level. The impact will be less than significant. D. Sensitive receptors include land uses such as homes, schools, day care centers, and hospitals. This project will not expose sensitive receptors to pollutants. Impacts will be less than significant. Construction and implementation of the proposed project could ultimately involve materials/uses, such as drycleaners and salons, in the retail space on the first floor that may create objectionable odors. Impacts will be less than significant. IV. Biological Resources A. According to the Natural Diversity Database operated by the California Department of Fish and Game, sensitive species in Santa Ana are limited to a possible occurrence of the San Diego Horned Lizard. The site of the proposed project is not known to be a habitat for the species named above. No impacts would occur. B. Santa Ana is a built-up, urban community. As a result, readily apparent resources, such as natural habitat and wildlife, are limited. The proposed project does not interfere with the sustenance of any riparian habitat or natural community in the City of Santa Ana. No impacts would occur. C. The project site is located in an urbanized area. Due to the presence of this developed environment, and lack of natural water bodies in the area, no wetland habitat exists on the site. No impacts would occur. D. The official City tree is the Jacaranda. The proposed project will not damage or destroy existing Jacarandas in the area as it is developed. No impact would occur. V. Cultural Resources A. According to the Historic Resources Exhibit in the Santa Ana General Plan Revised Draft Land Use Element, the building immediately east of the subject site includes a historically and culturally significant ghost sign that may be affected by this project. Additionally, the subject site is located within the Downtown National Register District. Impacts will be mitigated by setting the upper levels of the building back from the lower floors so as not to obscure the historic ghost sign on the adjacent building's wall. Additionally, the building will be compatible with the Downtown National Register District in terms of massing and scale, and will set itself apart from older development by utilizing a more modern style of architecture and materials, thereby meeting the Secretary of the Interior's Standard Number Nine requiring new development to be differentiated from old. Impacts will be mitigated to a less than significant level, and 75~,~~#2 Responses to Environmental Checklist For CEQA Compliance wi be urther ana yzed wit the elp o specia stu ies by a quali ied arc itectura historian. B. The project area is located within an urbanized area and has been disturbed by previous and existing development. Therefore, it is unlikely that any significant archaeological resources exist on-site. The construction phase of this project will be monitored so as to identify an archeological resources unearthed during the implementation portion of this project. C. The project site is located within an urbanized area and has been disturbed by previous and existing development. Therefore, it is unlikely that any significant paleontological resources exist on-site. Implementation of the proposed project is not anticipated to disturb any known paleontological resources, and less than significant impacts on such resources are expected. D. The project site is not known to contain human remains interred inside or outside formal cemeteries. Discovery of human remains is governed by State Law, which requires stop of work and reporting to authorities. No impact would occur. VI. Geology and Soils A-1 According to the most recent Alquist-Priolo Zoning Map, no known fault traces are located in the City of Santa Ana. No impact would occur. A-2 Seismic hazard from ground shaking is typical for large areas of Southern California. However, the implementation of seismic design provisions for structural safety will help to minimize threats to human safety in the event of an earthquake. All structures will be designed in accordance with the seismic design provisions of the Uniform Building Codes to promote maximum safety in the event of an earthquake. No impact would occur. A-3 According to Exhibit 3-8 of the Santa Ana General Plan Draft Environmental Impact Report, the project site is located in an area of very low/low liquefaction hazard. No impact would occur. A-4 The project area is generally flat and implementation of the proposed project will, therefore, not require slope cuts that could result in landslides. No unstable hills or cliffs are located in the project vicinity. No impact would occur. B. Localized erosion of on-site soils may occur as a result of the proposed project. Individual projects that meet certain criteria are required to comply with the Orange County Stormwater Program and Stormwater Permit, and implement best management practices for each site, including post-construction. Given the relatively level slope and urban nature of the planning area, along with existing regulations, the potential for significant erosion such that a geologic hazard would be created is considered low. No impact would occur. C. The project site has been disturbed in the past and does not contain any unique geological or physical feature. No impact is anticipated. D. The proposed project is not located on sensitive or unstable soil. No impacts are anticipated. 75~~ra~3 Responses to Environmental Checklist For CEQA Compliance E. Sewer access is available in the project area. No impacts would occur. VII. Hazards and Hazardous Materials A. Implementation of the proposed project is not associated with the use, storage, or disposal of hazardous substances. No impact would occur. B. The proposed project is less than one-half mile of an existing school. Due to the small number of units, and low additional traffic count. No impact would occur. C. The proposed project area does not include sites located on a Hazardous Material Site List. There are no impacts. D, There are no public airports in the City of Santa Ana; however, John Wayne International Airport is located one-mile southwest of city limits. The proposed project is not located within atwo-mile radius of the airport. The proposal does not include structures which exceed 200 feet in height, and is not within the John Wayne Airport Planning Area. No impact would occur. VIII. Hydrology and Water Quality A. Runoff from the project area will not result in ongoing or new violations of water quality or waste discharge standards imposed by the various agencies (RWQCB, Orange County Water District, etc.). This is a relatively small infill development project, and does not include an unanticipated amount of discharge into drainage. No significant impact would occur. B. The proposed project, in conjunction with other past, present, and reasonable foreseeable future projects, will contribute to the utilization of public water. The level of development anticipated under the proposal is such that it does not necessitate the preparation of an assessment to ensure water supplies are not adversely affected. Impacts are insignificant due to the relatively small scale of this project as an infill development project.. C. The proposed project is within a developed and urbanized area. The project will not result in a significant change in surface drainage patterns or absorption, as the site is currently impervious, and will continue to be post-construction. The site is less than one acre, and would not require preparation of a Water Quality Management Plan. No significant impact would occur.. D. Surface waters in the region could be degraded by runoff from the proposed project; however, do the relatively small scale of the project (less than one acre). In impact would occur. E. The proposed project includes new housing development. According to Exhibit 3-11 of the Santa Ana General Plan Draft Environmental Impact Report, the proposed project is not located within a 100-Year Flood Zone. No impacts would occur. F. The project does not consist of a structure that would impede or redirect flood flows. No impacts would occur. 75~~4 Responses to Environmental Checklist For CEQA Compliance G. The proposed project will be designed in compliance with applicable flood control ordinances and will not expose persons or property to water-related hazards. No impacts would occur. IX. Land Use and Planning A. The proposed project area does not include existing residential neighborhoods. The project will not divide existing neighborhoods. No impact would occur. B. The project area is in an urban setting that does not harbor any significant environmental resources. However, the project includes amendment of the Zoning Code and associated maps, and to create a Specific District with development standards. The project has been analyzed for consistency with all applicable planning documents, and meets the intent of the C3-A zoning district by including retail land uses at the ground level to augment the primarily commercial nature of the Downtown. Additionally, the General Plan Land Use Element District Center designation considers residential population density for this area. This mixed use project meets this requirement, and therefore, the project meets the intent of the all applicable planning documents. A Specific District zone will clarify and bring consistency to the zoning and General Plan in this location. C. The proposed project is located in an urbanized setting and no locally designated species or natural communities are known to exist in the project area. The site is not part of any habitat conservation plan or natural community preservation plan. Therefore, no impacts would occur. X. Mineral Resources A. Pursuant to Section 3.8 of the Santa Ana General Plan Draft Environmental Impact Report, there are no areas in the City of Santa Ana designated as Significant Mineral Aggregate Resource Areas (SMAIZq). No mineral resources are known to exist in the project area; therefore, no impacts would occur. XI. Noise A. The proposed project will not expose the public to noise levels in excess of the standards set forth in the City of Santa Ana General Plan. However, during the construction phase of the proposed project, there will be an increase in existing noise levels. Adjacent land uses will be affected by construction-related noise, but this is a temporary condition and a singular occurrence due to development. Impacts are less than significant. B. Construction grading could generate vibrations; however, impacts are less than significant since this is a temporary condition and a singular occurrence due to development. C. Due to the relatively small scope of the project, the implementation of the project will not generally increase ambient noise levels in the area, and impacts will be less than significant. Adjacent land uses will be affected by construction-related noise, but this is a temporary condition and a singular occurrence due to development 7~ra~5 l Responses to Environmental Checklist For CEQA Compliance Re er to E. There are no public airports in the City of Santa Ana; however, John Wayne International Airport is located one-mile southwest of city limits. The proposed project is not located within atwo-mile radius of the airport. According to the Santa Ana General Plan Draft Environmental Impact Report, no area of the City of Santa Ana is within the noise impact area or 65 CNEL of John Wayne International Airport. Therefore, people residing or working in the project area will not be exposed to excessive noise levels. Impacts will be less than significant. XII. Population and Housing A. The project includes the development of housing and would result in an increased population in the planning area. According to the 2003 United States Census, the City's average household size was 4.6 persons per household. Therefore, this project has the potential for 23 additional persons to be added to the overall population if household members were from outside the City. The direct and indirect impacts of this growth are less than significant with an overall City population to be approximately 337,977 according the 2000 U.S. Census. B. The project will not displace existing housing as the subject site is currently vacant. There will be no impacts. C. The project would not displace existing population as no housing currently exist onsite. The project will result in an overall increase in housing in the planning area. No impact would occur. XIII. Public Services A.1 Implementation of the proposed project may result in an increased demand for fire protection and emergency medical services in the local area, but at a small scale. Impacts are less than significant. A.2 The proposed project may result in an increased demand for police services, but at a small scale. Impacts are less than significant. A.3 The proposed project may generate additional students, but at a small scale. Impacts are less than significant. A.4 The project will increase demand for recreational facilities, but at a small scale. Impacts are less than significant. A.5 The project may impact other governmental facilities, but at a small scale. Impacts are less than significant. XIV. Recreation A. The proposed project will not result in a substantial or significant increase in residents and employees in the area. However, the project does propose an onsite courtyard at the street level, and may be used for passive recreation. Since this project is infill development, and is of a relatively small scale, the project does not affect long term City goals for recreational land uses. Additionally, a roof deck is proposed that will 7~~'f 44' v Responses to Environmental Checklist For CEQA Compliance allow or a itional recreationa space or residents. Impacts will a ess t an significant. B. The proposed project entails the construction passive recreational facilities that will not adversely impact the environment. The impacts of these facilities are included in the analysis for the respective issues. Impacts will be less than significant. XV. TransportationlTraffic A. The implementation of the proposed project would increase vehicle trips in the project area. However, due to the small scale of the proposed project, impacts will be less than significant. B. The Circulation Element of the City of Santa Ana declares a minimum acceptable Level of Service - D (LOS - D) for major intersections in the City. This is above and beyond what is required by the County's Congestion Management Plan. Due to the small scale of this project, the implementation will not result in a less than significant impact. C. The project is not within the John Wayne Airport's Planning Area, and the proposed project does not include any heliports/helipads. Therefore air traffic will not be affected. No impact is anticipated. D. The proposed project will incorporate all applicable civil engineering standards to ensure that its implementation will not result in hazardous design features for vehicular traffic. A traffic study regarding the maneuverability of the public alley access was completed, and the results indicate a less than significant impact. A mitigation measure to have a mirror will be installed that will help the drivers leaving the proposed parking lift see oncoming alley traffic. E. Construction of the proposed project is not anticipated to result in inadequate emergency access to the site. Impacts are less than significant. The project includes underground parking with a parking lift to allow for eight parking spaces -one per bedroom of the proposed housing project thereby meeting the requirements for the City's multi-family residential parking ordinance. This measure will mitigate any effects for the need for additional parking capacity. Guest and consumer parking will be supplied through existing street parking and existing parking structure facilities. No significant impact will occur. G. The project will not negatively impact alternative transportation. There is no impact. XVI. Utilities and Service Systems A. The Orange County Sanitation District (OCSD) regulates wastewater treatment for the City of Santa Ana. The proposed project will not cause any violation of those standards set forth by the OCSD as it is a small infill development. No adverse impacts are anticipated, and no mitigation measures are required. B. The project will not cause a significant increase on existing water supply and wastewater facilities due to the relatively small scale of this infill development project. 7~~of ~~ Responses to Environmental Checklist For CEQA Compliance ere wi be no sigm scant impact as previous analysis or water supply as Inc u ed the build-out of this project area. C. The Santa Ana Public Works Agency has reviewed the proposed project and has not identified a need for new or altered systems to meet the increased demand for water drainage facilities resulting from this project. No impact will occur. D. The proposed project will not require modifications to the existing water system. No impact would occur. E. Refer to XVI.B. F. The project will generate additional solid waste. A preliminary review of landfills currently serving the project area shows significant remaining capacity. www.ciwmb.ca.pov. Santa Ana disposed of a total of 379,259 tons in the year 2000, at a rate of 2 pounds/resident/day and 10.9 pounds/employee/day. A study of the area landfills and their remaining capacity is presented in the following table. Landfill Closure Year Remaining Capacity million cubic ards Santa Ana Contribution tons 2000 Arvin 2008 2.2 23.0 Bradley West and West Ex ansion 2007 4.7 4.0 Colton 2006 0.6 3.0 Frank R. Bowerman 2022 63 290,175 Olinda AI ha 2013 38 74,965 Prima Deshecha 2067 87.4 2,158 Puente Hills #6 2013 62.3 2.0 Simi Valley Landfill and Rec clin Center 2034 9.5 33.0 Remaining Capacity in S stem 267.7 There is sufficient current capacity to accommodate waste generated in the project area. Impacts will be less than significant due to the relatively small scale of this project. G. The solid waste disposal needs of the proposed project will be served by Great Western Reclamation. Great Western Reclamation complies with all federal, state, and local statutes and regulations related to solid waste. The City's current diversion rate is 59 percent, more than the 50 percent required by state law. No significant impact is anticipated, and no mitigation measures are required. XVII. Mandatory Findings of Significance A. The project may impact historic resources, but to a less than significant level. Impacts will be mitigated by setting the upper levels of the building back from the lower floors so as not to obscure the historic ghost sign on the adjacent building's wall. Additionally, the building will be compatible with the Downtown National Register District in terms of massing and scale, and will set itself apart from older development by utilizing a more modern style of architecture and materials, thereby meeting the Secretary of the Interior's Standard Number Nine requiring new development to be 7~TOf 4~" Responses to Environmental Checklist For CEQA Compliance with the help of a qualified architectural B. It is anticipated that air quality and traffic are less than significant due the small scale of this project. C. Implementation of the proposed project is expected to have no environmental impacts that are not expected to cause substantial adverse effects on human beings, either directly or indirectly. There will be no significant impact. XVIII. References City of Santa Ana General Plan: General Plan, Adopted September 1982 Draft Environmental Impact Report for the Proposed Santa Ana General Plan Draft Land Use Element. Prepared for the City of Santa Ana. Whittier, California: Blodgett/Cunningham and Associates, August 1, 1997. Draft Land Use Element. Prepared for the City of Santa Ana. Whittier, California: Blodgett/Cunningham and Associates, August, 1997. Secretary of the Interior's Standards. National Parks Service 7~~r4~9 REQUEST The proposed project is to create a Specific Development Zone 80 and development standards for a site located in the Central Business Artists Village (C3-A) zoning district with a current General Plan use designation of District Center (DC). PROJECT DESCRIPTION The subject property is located in the Central Business Artists Village (C3-A) zoning district and has a General Plan use designation of District Center (DC). The proposed project consists of the construction of a new 16,000 square foot mixed- use building with 1,189 square feet of retail on the first floor, 3,544 of basement that includes parking and storage, as well as five residential units occupying the remaining upper floors., on a 4,000 square foot lot. Parking will be provided in a subterranean garage using a lift. Project will require a zone change to create a Specific Development zone with development standards for the zone. RESPONSES TO ENVIRONMENTAL CHECKLIST The following is an analysis of potential environmental impacts associated with the proposed amendment to the Municipal Code to establish a Specific District. The analysis is based upon the City of Santa Ana Environmental Check List. The analysis focuses on impacts associated with approval of the proposed amendment to the municipal code. I. AESTHETICS A. Have a substantial adverse effect on a scenic vista? B. Damage scenic resources, including but not limited to trees, rock outpourings and historic buildings within a State highway? Less than significant. Approval of the proposed amendment to the Municipal Code to establish a zoning ordinance for a Specific District would not result in adverse impacts to any scenic vista, or scenic resource. The project area is not located within a Scenic Corridor as identified in the Santa Ana General Plan. 7 ~36f ~ O Additionally, the subject site is not located near a State Highways. C. Substantially degrade the existing visual character or quality of the site and its surroundings? Less than significant Approval of the proposed amendment to the Municipal Code to establish a zoning ordinance for a Specific District would not degrade the visual character of the City, in that the proposed project would establish development standards to help minimize potential visual impacts associated with the project. Additionally, the architectural style will be designed to complement the Downtown National Register District, and not creating a "faux historic" appearance thereby meeting the Secretary of the Interior's Standard Number Nine. The proposed new structure will be designed to provide a beneficial visual quality to the Downtown area. Additionally, the project will include a courtyard area that will possess multiple amenities such as seating, landscape, public art, and a water feature. These amenities will add, rather than detract from, the visual character and aesthetics of the downtown. D. Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? Less than significant Major sources of light and glare in the project area will stem from existing street lighting. The proposed project will not introduce substantial new lighting that will be discernable over existing conditions. Parking and residential areas will have interior lighting, and the parking entrance lighting will be activated by the garage door opening. Glass on the exterior of the proposed structure will be non-reflective. Up-lighting will be utilized to highlight the historic ghost sign during evening hours, but will not be on past 10:00 p.m. II. AGRICULTURE A. Convert Prime Farmland, Unique Farmland or Farmland of Statewide Importance to non-agriculture use? B. Conflict with existing zoning for agriculture use or a Williamson Contract? C. Involve other changes in the existing environment, which, due to their location or nature, could individually or 75~r~51 cumulatively result in loss of Farmland, to non-agriculture use? No Impact According to the California Department of Conservation Farmland Mapping and Monitoring Program, the City of Santa Ana contains a limited amount of Prime and Unique Farmlands. Approval of the proposed amendment to the Municipal Code to establish a zoning ordinance for a Specific District would not result in impacts to agriculture resources, in that the subject area does not contain Prime Farmlands or Unique Farmlands. III. AIR QUALITY A. Conflict with or obstruct implementation of applicable Air Quality Attainment Plan or congestion Management Plan? Less than significant The City of Santa Ana is included within the South Coast Air Quality Management District and subject to the requirements of the Clean Air Act at both the Federal and State level. The South Coast Air Quality Management Plan (AQMP) is the primary planning document to monitor if air quality standards and objectives are being achieved in the South Coast Air Basin. The air quality objectives in the AQMP are based upon population and growth projections provided in regional planning programs and local general plans. A project could be in conflict with the AQMP if it results in population and growth impacts beyond those identified in regional planning programs and local general plans. Approval of the proposed amendment to the Municipal Code to establish a zoning ordinance for a Specific District and any subsequent construction according to this zoning document would not have any effect on the growth projections in the City's General Plan. The estimated growth project is approximately 23 additional persons, and is not considered substantial growth. Therefore, approval of the proposed ordinance amendment would not be in conflict with the South Coast AQMP. B. Violate any stationary source air quality standard or contribute to an existing or proposed air quality violation? C. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard? 7 ''rar~2 D. Expose Sensitive receptors to substantial pollutant concentrations? E. Create objectionable odors affecting a substantial number of people? Less than significant Approval of the proposed amendment to the Municipal Code to establish a zoning ordinance for a Specific District and any subsequent project adhering to this zoning document would not result in any short-term construction related or long-term operational air quality impacts or odor impacts. The approval of the proposed ordinance would not involve any activities that would emit long-term or short-term air quality emissions or odor pollutants. III. BIOLOGICAL RESOURCES A. Have a substantial adverse impact, either directly or through habitat modifications, on any species identified as a candidate, sensitive or special status species in local or regional plans, policies or regulations or by the California Department of Fish and game or U.S. Fish and Wildlife Services? B. Have a substantial adverse impact on any riparian habitat or natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and game or U.S. Fish and Wildlife Service? C. Adversely impact federally protected wetlands either individually or in combination with the known or probable impacts of other activities through direct removal, filling hydrological interruption, or other means? D. Conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance? No Impact According to the City's Updated General Plan Land Use Element EIR and the California Department Fish and Game Natural Diversity Data Base, there is a limited amount of sensitive biological resources within the City. Approval of the proposed amendment to the Municipal Code to establish a zoning ordinance for a Specific District and any subsequent project adhering to this zoning document would not result in any adverse impacts to any sensitive biological resources. The project site is in an 7~or~3 urbanized area, and the project will not be disturbing any wetland site or existing City tree (Jacaranda). IV. CULTURAL RESOURCES A. Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? Less than significant with mitigation incorporated. According to the Historic Resources Exhibit in the Santa Ana General Plan Revised Draft Land Use Element, the building immediately east of the subject .site includes a historically and culturally significant ghost sign that may be affected by this project. Additionally, the subject site is located within the Downtown National Register District. Impacts will be mitigated by setting the upper levels of the building back from the lower floors so as not to completely obscure the historic ghost sign on the adjacent building's party wall. That portion which will be obscured may be impacted negatively over time due to it being obscured; however it has been determined by special studies that current ambient conditions will have a greater impact over time than if a structure is built on the subject site. If left open to the elements, sunlight and inclement weather will continue to cause the historic sign to deteriorate at a greater pace that if it were sheltered. That portion of the ghost sign that will not be obscured will be highlighted for public view through landscaping, a water feature, up-lighting, and an interpretative sign that will offer photos and description of the historic sign. The un-obscured portion of the historic ghost sign is that area closest to the public right-of-way so as to allow more persons the ability to see the resource. Additionally, this portion of the sign is the most intact and visually interesting. The entire historic sign will be fully documented through a NABS survey. Additionally, the proposed building will be compatible with the Downtown National Register District in terms of massing and scale, and will set itself apart from older development by utilizing a more modern style of architecture and materials, thereby meeting the Secretary of the Interior's Standard Number Nine requiring new development to be differentiated from old. Impacts will be mitigated to a less than significant level through the measures noted above, and will be further analyzed with the help of special studies by a qualified architectural historian. 75~; ~4 B. Cause a substantial adverse change in the significance of a unique archaeological resource pursuant to Section 15064.5? C. Directly or indirectly disturb or destroy a unique paleontogical resource or site? D. Disturb any human remains, including those interred outside of formal cemeteries. No Impact According to the City' s General Plan Land Use Element EIR, the City of Santa Ana is unlikely that any significant paleontological, archeological our human remains at located the project site. Additionally, the site is located within an urbanized area that has been disturbed by previous and existing development. The project will be monitored during the construction phase to ensure that no cultural resources are affected. V. GEOLOGY/SOILS A-1. Rupture of a known earthquake fault, as most recent Alquist-Priolo Earthquake issued by the State geologist for the other substantial evidence of a known fau A-2. Strong Seismic Ground shaking? A-3. Seismic-related ground failure, including A-4. Landslides No Impact delineated on the Fault Zoning Map area or based on Lt? liquefaction? According to the City's General Plan Land Use Element EIR there are no active earthquake faults, Alquist-Priolo Earthquake Zones or landslides within the City. However, several active faults are located within fifty miles of the City. In the event a moderate to high earthquake occurs along one of these faults, portions of the City could experience moderate seismic shaking impacts. However, the seismic risks in Santa Ana are similar to other areas in the southern Californian region. Additionally, according to the General Plan Land Use Element EIR, the potential for liquefaction hazards within the City ranges from very low to very high. Approval of the proposed amendment to the Municipal Code to establish a zoning ordinance for a Specific District and any subsequent construction according to this zoning document would not increase the potential for seismic impacts, and liquefaction 75~%r~5 impacts, in that the approval of proposed ordinance amendment would not involve the development of any structures that would be subject to seismic shaking impacts or liquefaction hazards. B. Would the project result in substantial soil erosion or the loss of topsoil? No Impact Approval of the proposed amendment to the Municipal Code to establish a zoning ordinance for a Specific District and any subsequent construction according to this zoning document would not result in or increase the potential for soil erosion or sedimentation impacts. Short-term erosion potential would be subject to the City's erosion control requirements, and would therefore not cause an impact. C. Would the project result in the loss of a unique geological feature? No Impact According to the City's General Plan Land Use Element EIR there are no known geological hazards or unique geologic features in the City. Therefore, Approval of the proposed amendment to the Municipal Code to establish a zoning ordinance for a Specific District and any subsequent construction according to this zoning document would not result in the loss of any unique geologic features. D. In the project located on strata or soil that is unstable or that would become unstable as a result of the project and potentially result in on-or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? E. Where sewers are not available for the disposal of wastewater is the soil capable of supporting the use of septic tanks or alternative wastewater disposal systems? No Impact According to the City's General Plan Land Use Element EIR, Santa Ana contains a wide variety of soil types and associated geotechnical constraints. Approval of the proposed amendment to the Municipal Code to establish a zoning ordinance for a Specific District and any subsequent construction according to 7 ''~~6 this zoning document would not involve .the construction of any structures that would be subject to geotechnical constraints. VI. HAZARDS/HAZARDOUS MATERIALS A. Create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials? B. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substance or waste within one-quarter mile of an existing or proposed school? C. Be located on a site which is located on a list of hazardous material sites compiles pursuant to Government Code Section 659662.5 and, as a result, would it create a significant hazard to the public or the environment? No Impact Approval of the proposed amendment to the Municipal Code to establish a zoning ordinance for a Specific District and any subsequent construction according to this zoning document would not result in the creation of or increase the potential of any significant hazardous material impacts to the public, in that the approval of the proposed ordinance would not involve any activities that would include the handling, storage or distribution of hazardous materials or emit hazardous emissions. Any retail use that operates from this site in the future would be subject to local, state and federal regulations regarding the handling of hazardous materials. D. For a project located within an airport land use plan or where such a plan has not been adopted, within two miles where a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? No Impact According to the City's General Plan Land Use Element EIR and the Orange County Airports Environs Land Use Plan, Santa Ana is not located within any aircraft accident potential zones, nor is the proposed project located within a John Wayne Airport Planning Area. Additionally, there are no private airstrips in the City. Therefore, approval of the proposed amendment to the. Municipal Code would not increase the potential for safety hazards for people residing in or working within the City. 7~r~7 VII. HYDROLOGY/WATER QUALITY A. Violate Regional Water Quality Control Board water quality standards or waste discharge requirements? E. Otherwise substantially degrade water quality? I. Result in an increase in pollutant discharges to receiving waters? N. Tributary to an already impaired water body, as listed on the Clean Water Act Section 303 (d) list. If so, can it result in an increase in any pollutant of which the body is already impaired? R. Cause or contribute to an exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? No Impact The City of Santa Ana is included within four watersheds; San Diego Creek, Santa Ana River, Talbert and Westminster. Each of these watershed areas are under the jurisdiction of the Santa Ana Regional Water Quality Control Board and subject to the objectives, water quality standards and Best Management Practice requirements established in the Santa Ana River Basin Plan and Orange County Drainage Area Management Plan. The City of Santa Ana does not contain any impaired water bodies, as defined by Section 303 of the Clean Water Act. However, the City does contain several drainage facilities that convey surface water runoff into bodies of water that are classified as impaired. Approval of the proposed amendment to the Municipal Code to establish a zoning ordinance for a Specific District and any subsequent construction according to this zoning document would not directly involve routine waste discharges that would be in conflict with water quality standards established by the State Regional Water Quality Control Board, in that the approval of the proposed ordinance would not involve any long term operations or construction activities that would involve the discharge of water. This project would be subject to the City's storm water protection requirements. 7531 of43~ B. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level. Q. Have a potentially significant adverse impact on groundwater quality? No Impact The City of Santa Ana receives 66% of its water from underground water supplies. The underground water basin in the City ranges from -50-feet to +40-feet above sea level. Presently, the City pumps underground water from 21 water wells. Fourteen of the water wells pump ground water into small surface reservoirs. The remaining seven water wells pump underground water into the City's distribution system. Approval of the proposed amendment to the Municipal Code to establish a zoning ordinance for a Specific District and any subsequent construction according to this zoning document would not result in adverse impacts to underground water supplies or prevent the recharge of underground water supplies, in that approval of the proposed ordinance would not involve any activities that would impact underground water supplies or provide impervious surfaces that would prevent the recharge of underground water supplies. Additionally, Big Box retail uses would not be permitted in areas where underground water recharge occurs. C. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, or substantially increase tha rate or amount of surface runoff in a manner, which would result in flooding on or off-site? D. Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted run-off? L. Result in increased impervious surfaces and associated runoff? M. Create a significant adverse environmental impact to drainage patterns due to changes in runoff flow rates or volumes. No Impact 753 of 43 The City of Santa Ana has a Master Plan of Drainage to guide the construction of adequate drainage facilities in the City. The facilities include a series of underground storm drain systems, open storm drain systems, catch basins and natural drainages. A significant drainage impact can occur when existing rates of surface water runoff are increased and existing drainage facilities are unable to accommodate the additional rates of runoff. Existing rates of surface water runoff can increase through the introduction of additional amounts of impervious surfaces, or through changes to existing drainage patterns. Approval of the proposed amendment to the Municipal Code to establish a zoning ordinance for a Specific District and any subsequent construction according to this zoning document would not significantly alter existing drainage patterns or increase existing rates of surface water runoff due to the project's relatively small scale (less than one acre). F. Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? G. Place within a 100-year floodplain structures which would impede or redirect flood flows? H. Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? No Impact The City's General Plan identifies that portions of Santa Ana are within the 100-year flood Zone. Approval of the proposed amendment to the Municipal Code to establish a zoning ordinance for a Specific District and any subsequent construction according to this zoning document would not cause development to occur within areas subject to 100-year flood risks. J. Result in significant alteration of receiving water quality during or following construction. K. Could the proposed project result in increased erosion downstream? No Impact Erosion refers to the removal of soil from exposed bedrock surfaces by water or wind. The effects of erosion are intensified with an increase in slope, the narrowing of runoff 7533of ~O channels and by the removal of groundcover, which leaves the soil exposed. Approval of the proposed amendment to the Municipal Code to establish a zoning ordinance for a Specific District and any subsequent construction according to this zoning document would not facilitate erosion impacts. Construction would be evaluated for potential soil erosion impacts and would be subject to the City's erosion control requirements. O. Tributary to other environmentally sensitive areas? If so, can it exacerbate already existing sensitive conditions? P. Have a potentially significant environmental impact or surface water quality to either marine, fresh or wetland waters? S. Impact aquatic, wetland or riparian habitat? No Impact According to the City's General Plan Land Use Element EIR, there are no sensitive marine waters, fresh waters or wetlands in the City. However, the City does contain several drainage systems that convey drainage flows to sensitive marine resources. Pollutants conveyed through these drainage systems could adversely impact sensitive marine resources. Approval of the proposed amendment to the Municipal Code to establish a zoning ordinance for a Specific District and any subsequent construction according to this zoning document would not result in any activities that would discharge pollutants into sensitive downstream marine resources. All new construction would be evaluated for potential water quality impacts and would be subject to the City's storm water protection requirements. VIII. LAND USE/PLANNING A. Physically divide an established community? No Impact Approval of the proposed amendment to the Municipal Code to establish a zoning ordinance for a Specific District and any subsequent construction according to this zoning document would not physically divide any established community. No residential community exists within this immediate or adjacent areas, and therefore, no impact would occur. 7 ~3bf B. Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project adopted for the purpose of avoiding or mitigating an environmental effect? Less than significant with mitigation measures incorporated The project area is in an urban setting that does not harbor any significant environmental resources. However, the project includes amendment of the Zoning Code and associated maps, and to create a Specific District with development standards. The project has been analyzed for consistency with all applicable planning documents, and meets the intent of the C3-A zoning district by including retail land uses at the ground level to augment the primarily commercial nature of the Downtown. Additionally, the General Plan Land Use Element District Center designation considers residential population density for this area. This mixed use project meets this requirement, and therefore, the project meets the intent of the all applicable planning documents. A Specific District zone will clarify and bring consistency to the zoning and General Plan in this location. C. Conflict with any applicable habitat conservation plan or natural community plan? No Impact According to the City's General Plan Land Use Element EIR, there are no habitat conservation plans or natural community conservation plans established within the City of Santa Ana. Therefore, approval of the proposed ordinance amendment and subsequent project would not be in conflict with any habitat conservation or natural community conservation plan. IX. MINERAL RESOURCES A. Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No Impact The City's General Plan Land Use Element EIR identifies that there are no areas in Santa Ana that contains Significant 7 ~'r~2 Mineral Aggregate Resource Areas. Therefore, approval of the proposed ordinance amendment and subsequent project would not result in adverse impacts to any significant mineral resource. X. NOISE A. Exposure of persons to or generation of noise levels in excess of standards established in local general plan or noise ordinance, or applicable standards of other agencies. B. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project. C. Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels. D. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without project. E. For a project located within an airport land use plan or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? Less than significant impact The proposed amendment to the Municipal Code to establish a Specific District for mixed use development at the project location, as well as subsequent implementation would not result in any long-term noise or ground borne vibration impacts, in that the proposed ordinance would. not involve any activities that would emit long term operation noise impacts. The project's implementation will cause short term construction related noise impacts. This is a temporary and single-occurrence due to development, and will be mitigated through the requirement to meet the City's Noise ordinance and standards. According to the Orange County Airport Environs Land Use Plan portions of Santa Ana are impacted by aircraft noise. Approval of the amendment to the Municipal Code would not facilitate development within areas impacted with aircraft noise. XI. POPULATION/HOUSING A. Induce substantial population growth in an area, .either directly or indirectly through extension of roads or other infrastructure. 75~~; ~3 Less than significant The project includes the development of housing and would result in an increased population in the planning area. According to the 2003 United States Census, the City's average household size was 4.6 persons per household. Therefore, this project has the potential for 23 additional persons to be added to the overall population if household members were from outside the City. The direct and indirect impacts of this growth are less than significant with an overall City population to be approximately 337,977 according the 2000 U.S. Census. B. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere. C. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? No Impact The proposed amendment to the Municipal Code to establish a Specific District for a mixed use project would not induce substantial growth in the City or displace substantial numbers of existing housing or population, in that approval does not displace homes and/or population. XII. PUBLIC SERVICES Fire Protection, Police Protection, Schools, Parks, Other Public Facilities Less than significant impact Approval of the proposed amendment to the Municipal Code to establish a Specific District for mixed use development at the project location, as well as subsequent implementation, would not significantly increase the demand for additional public services over current levels of service being provided in the City. The project site is located in an urbanized area, and this relatively small scale infill development will not significantly impact the need for public services. XIII. RECREATION 75.~r~4 A. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Less than significant impact. The proposed project will not result in a substantial or significant increase in residents and employees in the area. However, the project does propose an onsite courtyard at the street level, and may be used for passive recreation. Since this project is infill development, and is of a relatively small scale, the project does not affect long term City goals for recreational land uses. Impacts will be less than significant. B. Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment. No Impact A roof deck is proposed that will allow for additional recreational space for residents. No adverse impacts would occur as a result of these new recreation facilities. XIV. TRANSPORTATION/TRAFFIC A. Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system? B. Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? Less than significant impacts It is projected that implementation of this proposed project would result in an increase of 80 daily trips with a four A.M. peak hour trips and seven P.M. peak hour trips. This is not considered a substantial increase to existing traffic load and capacity of the street system. The Circulation Element of the City of Santa Ana states that minimum acceptable Level of Service to be a "D" for major 75.~r~5 intersections in the City. This is above and beyond what is required by the County's Congestion Management Plan. This project would not have a less than significant impact to Level of Service. C. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? No Impact The project area is not within the John Wayne Airport's Planning Area, and does not include any proposed helipads/heliports. No impact will result. D. Substantially increase hazards to a design feature E. Result in inadequate emergency access Less than significant with mitigation measures incorporated The Public Works Agency has expressed concerns regarding access to the site due to the width of the alley and the inadequate site distance when egressing the parking garage. A traffic consultant completed an access study which concluded that maneuverability into the parking area proposed by the project will be satisfactory provided the drivers use caution to avoid collisions with adjacent buildings and vehicles in the alley. Residents will, overtime, become adept at maneuvering from alley to parking area. A mirror will be installed to allow those emerging from the parking area to see any oncoming traffic. Any easements required for this mitigation will be obtained. Emergency access will not be inadequate since there is access to the building is proposed from both the front of the structure. F. Result in inadequate parking capacity G. Conflict with adopted policies supporting alternative transportation No Impact The project includes underground parking with a parking lift to allow for eight parking spaces at one per bedroom of the proposed housing project thereby meeting the requirements for the City's multi-family residential parking ordinance. This measure will mitigate any effects for the need for additional 7 53~of 4~ parking capacity. Parking Waiver to structures. One (within 200') of parking will be existing parking will occur. New retail in the area must apply for a C3 seek permission to utilize the public parking such structure is located within one block the proposed location. Guest and consumer supplied through existing street parking and structure facilities. No significant impact The project does not directly involve alternative transportation. There is no impact. XV. UTILITIES/SERVICE SYSTEMS A. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? B. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? C. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? D. Are sufficient water supplies available to serve the project from existing entitlements and resources or are new or expanded entitlements needed? E. Result in the determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the providers existing commitments. F. Is the project served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? G. Comply with federal, state and local statutes and regulations related to solid waste? No Impact Approval of the proposed amendment to the Municipal Code to establish a Specific District for mixed use development at the project location, as well as subsequent implementation will be evaluated for potential impacts to utility service systems. There are no difficulties related to capacity at this time in the City, and wastewater discharge related to this project would be negligible. Since is relatively small scale infill development, no impact would occur. 75~r~7 XVI. MANDATORY FINDINGS OF SIGNIFICANCE A. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. Potentially significant unless mitigation incorporated The project may impact historic resources, but to a less than significant level. Impacts will be mitigated by setting the upper levels of the building back from the lower floors so as not to obscure the historic ghost sign on the adjacent building's wall. Additionally, the building will be compatible with the Downtown National Register District in terms of massing and scale, and will set itself apart from older development by utilizing a more modern style of architecture and materials, thereby meeting the Secretary of the Interior's Standard Number Nine requiring new development to be differentiated from old. The architecture and potential impact will be further analyzed with the help of a qualified architectural historian. B. Does the project have impacts that are individually limited but cumulatively considerable? Less than significant impact Approval of the proposed ordinance would not result in any significant cumulative impacts, due to the small scale of this project. C. Does the project have environmental effects, which will cause substantial adverse effects on human beings either directly or indirectly? No Impact Approval of the proposed amendment to the Municipal Code to establish a Specific District for mixed use development at the project location, as well as subsequent implementation would not cause any substantial adverse effects on human beings, in that 75,(~r~68 the proposed ordinance would not involve any activities that would result in adverse effects to human beings or the environment. XVII2. DETERMINATION Based upon the evidence in light of the whole record documented in the above evaluation and cited .references, I find that the proposed project would not have a significant impact on the environment and a Mitigated Negative Declaration has been prepared. XVIV. REFERENCES City of Santa Ana General Plan, 1997 City of Santa Ana, General Plan EIR, 1997 California Environmental Quality Act Guidelines California Department of Conservation Farmland Mapping and Monitoring Program South Coast Air Quality Management District Air Quality Management Plan California Department of Fish and Game Natural Diversity Data Base Orange County Airport Environs Land Use Plan Secretary of the Interior's Standards. National Park Service. XX. PREPARER Hally Soboleske, Associate Planner, City of Santa Ana 75~~~9 MITIGATION MONITORING PLAN INTRODUCTION Section 15097 of the California Environmental Quality Act (CEQA) Guidelines requires all state and local agencies to establish monitoring or reporting plans for projects approved by a public agency whenever approval involves the adoption of either a "mitigated negative declaration" or specified environmental findings related to environmental impact reports. The mitigation monitoring plan (MMP) contained herein is intended to satisfy the requirements of CEQA as they relate to the Subsequent Initial Study/Mitigated Negative Declaration (IS/MND) for the West End Loft Project/Specific Development 80 (SD80). This MMP is intended for use by City staff to ensure compliance with mitigation measures during project implementation. Mitigation measures identified in this MMP were identified in the Subsequent IS/MND prepared for the proposed project. The Subsequent IS/MND presents a detailed set of mitigation measures that will be implemented throughout the lifetime of the project. Mitigation is defined by CEQA as a measure which: • Avoids the impact altogether by not taking a certain action or parts of an action. Minimizes impacts by limiting the degree or magnitude of the action and its implementation. • Rectifies the impact by repairing, rehabilitating, or restoring the impacted environment. • Reduces or eliminates the impact over time by preservation and maintenance operations during the life of the project. • Compensates for the impact by replacing or providing substitute resources or environments. Note: Sections 21083 and 21087, Public Resources Code; Reference: Sections 21002, 21002.1, 21081, and 21100(c), Public Resources Code. The intent of the MMP is to ensure the effective implementation and enforcement of adopted mitigation measures and permit conditions. The MMP will provide for monitoring of construction activities as necessary and in-the-field identification and resolution of environmental concerns. Compliance Checklist City staff will coordinate monitoring and document the implementation of mitigation measures. City staff will be responsible for fully understanding and effectively implementing the mitigation measures contained within the MMP. Table 1 of this report identifies the mitigation measure, the monitoring action for the mitigation measure, the responsible party for the monitoring action, and timing of the monitoring action. 75~F~0 ., •. • C C p C C Q Q 00 C c C ¢~ Q y Q ~0 N y Q ~ • N p N • cp f0 mp mp (D U ~ ~ mp H ~ ~ • 0~ C C O~ O N d~ 01 O C ~O C ~ 0 W . ... ° ' ` ' a Z ism i~a i~m c~ao N ¢ = ~a Um ~ O J a w ~ , ~ ~ d _ ~ V O ~ W C 0 0 W c O O J N N O U ._ ~ LL Z ~ ~ oa~i oaoi m ° °O a ~ ;, °- ~~°- a w p - ~~ ~ a d ~ a .__ x ~n a ._ N Z rn c £ Fy- H o Y o ~ '~ 3 _o LL O Q U ~ ~ ~ O ~ ~ y a U c O ~ ~ J C7 ~ m L ~ y m ~ Z` y ~ p N p d U O t=ii .. y ~ C ~ O O U Z W cc L • U 01 y Ol N ~ _ C> N O) c ~ c ~ c~ c E o ~o~o n t/1 > p > o ~ p a p °' a n a w ~ c my m ~ p W o w ~m~a Lo. cm V owom c o . w ~r E ad LL •.- Lo mc c o~>o ~ ~~wc°~a = LL rn ~ , m c w (~ oy~v Long 3uo>,c Z mo C m~10m ~ • ~ aoi>oy o°-'~ O1~dv rn'ncv co od °-'ino~v _ Z p~ u~v Z O ~ ~ ~~°m • O ~ add L~ m N=n"' Z m F• ~ ~' W c a oo c ~va N om~mm J o ao ~ ~rn°Y j d~ o - C C -m o L Z Q w mL ~ d ~ C C Q' L' ~° EEn J n N a~Z '? W o O • c rnE m m 3 w c rnoi 0> ~ m o....m E d L fn nN C m d f6L . 5 oa N' wO > NOL~c o cn du> tllwm FYN > o y~ y ...a E ti p ~ N N Y >. ~ ~O N ~ ~ O ~f/1 - L Q O- ~ ~ > may„ Z l0 - O (` ~ J oN~d m m rna .3~ O rn~~ ~S~od ~ ' Z Q OO~aci c ~ ~-c,,..... 3orn a V a N ' ~° > ~ 10 cw ~ c E~ c J wN~ ~ c ; ~rn o mEc c o ' c i~L .`n o' L ~m a i o f _ nc E '~ ~ o 3 v o v U .~ h N . 3 c N~ l9 m O m ~ 9 c L . (0 L 7 - d c~ n V > m >• c i C y y E C ~ ~ 2">a ~a S nw'y~ 0 0 HVm~3Z ~ f~~d K Q'c~do 75d(~r~ 1 ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING SPECIFIC DEVELOPMENT NO. 80 (SD-80) AND REZONING THE PROPERTY LOCATED AT 320 WEST FOURTH STREET FROM CENTRAL BUSINESS - ARTIST'S VILLAGE (C3-A) TO SPECIFIC DEVELOPMENT NO. 80 (SD-80) (AA NO. 2006-04) THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana does hereby find, determine and declare as follows: A. Applicant is requesting approval Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-234, Amendment Application No. 2006-04 rezoning the property from Central Business -Artist's Village (C3-A) to Specific Development No. 80 (SD-80), Conditional Use Permit No. 2006-13 to allow alive-work community and approval of Site Plan Review No. 2006-07 to allow the construction of a new 16,000 square foot mixed-use building with 1,189 square feet of retail on the first floor, 3,544 of basement that includes parking and storage, as well as five live-work community units occupying the remaining upper floors for the property located at 320 West Fourth Street. B. On September 25, 2006, the Planning Commission held a duly noticed public hearing and unanimously voted to recommend that the City Council: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-234. 2. Adopt an ordinance approving Amendment Application No. 2006-04. 3. Adopt a resolution approving Site Plan Review No. 2006-07 as conditioned. 4. Adopt a resolution approving Conditional Use Permit No. 2006-14 as conditioned. C. Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-234, Amendment Application No. 2006-04, Conditional Use Permit No. 2006-13, and Site Plan Review No. 2006-07 came before the City Council of the City of Santa Ana for a public hearing October 16, 2006, and at that time considered all testimony, written and oral. 75C-72 D. Amendment Application No. 2006-04 has been filed with the City of Santa Ana to adopt Specific Development No. 80 (SD-80) and to rezone the property located at 320 West Fourth Street from Central Business -Artist's Village (C3-A) to Specific Development No. 80 (SD-80). (AA No. 2006-04) E. SD-80 would allow on the first floor retail and service uses; fine art galleries which may include a studio as an ancillary use; fiber art galleries which may include a studio as an ancillary use; photography studios; printing, lithography and calligraphy studios (with a Conditional Use Permit); glass blowing and sculpturing studios (with a Conditional Use Permit); Ceramic and pottery studios (with a Conditional Use Permit); and cyber cafes (with a Conditional Use Permit). On the floors above the first floor, SD-80 would allow professional and administrative offices, design professionals, but excluding medical, dental and massage therapy offices; fine art studios; fiber art studios; photography studios; multiple-family dwellings (with a Conditional Use Permit); live-work communities (with a Conditional Use Permit); printing, lithography and calligraphy studios (with a Conditional Use Permit); glass blowing and sculpturing studios (with a Conditional Use Permit); and ceramic and pottery studios (with a Conditional Use Permit). F. Amendment Application No. 2006-04 is wnsistent with the General Plan, including but not limited to its goals and policies: 1. To promote a balance of land uses to address basic community needs. Goal 3.0 of the Land Use Element of the General Plan. 2. To promote land uses which enhance the City's economic and fiscal viability. Goal 2.0 of the Land Use Element of the General Plan. G. The City Council has weighed and balanced the general plan's policies and has determined that based upon this balancing that the project at 320 West Fourth Street is consistent with the purpose of the general plan. H. The City Council also adopts as findings all facts presented in the Requests for Council Action dated October 16, 2006 accompanying this matter. For these reasons, and each of them, Amendment Application No. 2006-04 is hereby found and determined to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. The resolution approving and adopting the mitigated negative declaration and mitigation monitoring program for Environmental Review No. 2004-234 which came before the City Council on October 16, 2006. This ordinance incorporates by reference, as though fully set forth herein, that resolution and mitigated negative declaration and mitigation monitoring program. Section 2. The real property located at 320 West Fourth Street is hereby reclassified from Central Business -Artist's Village (C3-A) to Specific Development No. 75C-73 80 (SD-80). (AA No. 2006-04) Amended Sectional District Map number 12-5-10 showing the above described change in use district designation, is hereby approved and attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein. Section 3. Specific Development No. 80 (SD-80) as set forth in Exhibit "B", attached hereto and incorporated as though fully set forth herein, is approved and adopted in its entirety. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this _ day of , 2006. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attomey By: Kylee O. Otto Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 75C-74 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 75C-75 ,.51a ,,.lo SEVEJ EENTH ST. J IU UUL-JUL I f N LI R2 P P 0 1 SP-0 Y 0 50-1i P ~~ SD 10 II-SID] I SP-I LI C1 LI °'.'° Iaa~, FIR TS ~1 ~1 ~1 si. GC .ICiwl [ ~iu3ii ion Z ro3u wll [~ 9L/AE IN FEET • ~ 1 SECTIONAL DISTRgT MAP t2&t0 ADOPTED BY THE SANTA ANACRV COUNCIL JULY 20, t959 BY ORDINANCE N508t o ~~ Gr} FpNIMI.M fPONInOE -f/J[O MINIWMLOT PEEP At GENERAL AGRICULTURAL GSM SOUTH MAIN STREET COMMERCIAL DISTRICT Rt SINGLE-FAMILY RESIDENCE -B PARKING MODIFICATION GC GOVERNMENT CENTER Po-0000 SMALL LOT BINGLE-FAMILY RESIDENCE n*IE OrrewaEC•grML u Ct COMMUNITY COMMERCIAL Mt LIGHT INDUSTRIAL R2 TWPFAMILY RESIDENCE wov rlE Clrv oPlurrte uM. olsmcr }EO BY CIiY COUHGL Ct-MD COMMUNITY COMMERCIAL-MUSEUM DISTRICT M2 NEAVV INDUSTRIAL R3 MULTIPLE-FAMILY RESIDENCE h5 n V!1 W I PEwLVrlorv xoraw. wren uaaanl C2 GENERAL COMMERCIAL MO MILITARY OPERATIONS R4 SUBURBAN APARTMENT IEPEEV nirtsT rwrmu MV EnrnLE or *IA onrolrMLSECrawLOlstwcr C3 CENTRAL BUSINESS 0 OPEN BPACE RE RESIDENTIAL ESTATE xo. msra Msn C3-A GENERAL BUSINESSARTISTS'VILLAGE P PROFESSKINAL SD SPECIFIC DEVELOPMENT sN.~O CO PLANNED SHOPPING CENTER PCD PLANNED COMMUNItt DEVELOPMENT SP SPECIFIC PLAN eeclnr:EOn crw l CS ARTERIAL COMMERCIAL PD PLANNED DEVELOPMENT ke&IAPN]I-eXLr MXl CR COMMERCIAL RESIDENTIAL PRD PLANNED RESIDENTIAL DEVELOPMENE c„y~oa. PREPARED BV THE PLANNING DIVISION CITY OF SANTA ANA, CALIFORNIA ~SXH~TT Specific Development Plan No. 80 Section 1. Applicability of Ordinance The specific development zoning district for amixed-use (commercial land use with a residential component) project as authorized by Chapter 41, Division 26, Section 41-593 et seq. of the Santa Ana Municipal Code (SAMC), is specifically subject to the standards and regulations contained in this plan for the express purpose of establishing land use regulations and standards. All other applicable chapters, articles, and sections of the SAMC and any other regulations adopted by the City Council shall apply unless expressly stated or superseded by this ordinance. All terms contained herein shall be defined by the SAMC, unless specifically defined herein. Section 2. Purpose Specific Development Plan No. 80 (SD-80), consisting of standards and regulations, is hereby established for the express purpose of protecting the health, safety, and general welfare of the people of the City by promoting and enhancing the value of properties and encouraging orderly development. SD-80 sets the development and design criteria for a development consisting of approximately four thousand (4,000) square feet, within the Downtown Historic National Register District. The purpose of this specific development is to allow for flexibility in site planning and design to respond to market conditions while assuring high quality development in this architecturally significant location. SD-80 specifically establishes for the property the following: Permitted uses. Development and operational standards, including building height limits, require setbacks, parking, landscaping provisions, and enforcement policies, as well as a provision for the protection of historic resources. • Maximum authorized intensity. • Signage provisions. • Refuse collection. • Utility requirements. Exhibit B Specific Development Plan No. 80 Page 1 of 8 75C-77 Section 3. Objectives The objectives of SD-80 include provisions of the following: Along-term development that is of the highest architectural quality and design, and that architecturally complements the Downtown National Register District. A landscaping plan that is complementary to amixed-use development and sensitive to the surrounding community. A visually harmonious development as viewed both internally and externally. A development that is consistent with the District Center designation of the General Plan and which implements the spirit and intent of policies of the General Plan. A circulation system that is responsive to the needs of both vehicular and pedestrian travel. The provision of a mixture of high quality housing and ground level commercial uses along Fourth Street so as to enhance the viability and vibrancy, and pedestrian- friendly qualities of the Downtown. A mixed-use project complementing an adjacent historic resource "ghost sign" located on the structure immediately east of this site, as well as other culturally and architecturally significant structures in the area. A mixed-use project blending with adjacent office and retail/service land uses. Section 4. Permitted Uses The categories of land uses to be included within the project area are retail and services uses, art galleries and studios, offices and a live work community. If a use is for any reason omitted from those specified as permissible or if ambiguity arises concerning the classification of a particular use within the meaning and intent of this Plan, the determination shall be at the discretion of the Planning Manager. Such decision may be appealed to the Panning Commission whose decision is final. A. Permitted uses on the first floor. The following land uses are permitted on the first floor: 1. Retail and service uses 2. The following creative art uses: a. Fine art galleries which may include a studio as an ancillary use. b. Fiber art galleries which may include a studio as an ancillary use. c. Photography studios. B. Conditionally Permitted Uses on the first floor only. The following uses may be permitted in the first floor subject to the issuance of a conditional use permit: Specific Development Plan No. 80 Page 2 of 8 75C-78 1. Printing, lithography, and calligraphy studios. 2. Glass blowing and sculpturing studios. 3. Ceramic and pottery studios. 4. Cyber cafes and subject to compliance with the requirements of SAMC Section 41-198.200. C. Permitted Uses on floors above the first floor: 1. Professional and administrative offices, design professionals, but excluding medical, dental, and massage therapy offices. 2. Fine art studio. 3. Fiber art studio. 4. Photography studio. D. Conditionally Permitted Uses on floors above the first floor: 1. Multiple-family dwelling. 2. Live-work community. 3. Printing, lithography, and calligraphy studios. 4. Glass blowing and sculpturing studios. 5. Ceramic and pottery studios. E. All other uses not expressly permitted or conditionally permitted in this ordinance are prohibited. Section 5. Maximum Permitted Building Density/Intensity for dwelling units live/work community units or commercial tenant spaces This development has specific constraints due to the limited site capacity and availability of parking, and therefore, there is a maximum of five (5) dwelling units, live/work community units or commercial tenant spaces within the floors above the first floor. Section 6. Development Standards A. Building height and basement 1. Structures are subject to a height limitation of sixty-eight (68) feet above ground level, which is defined as the vertical distance measured from the curb level to the highest point of the roof surface. This excludes elevator override area, appurtenances, and rooftop railings. 2. The building shall incorporate a full basement, which shall be used solely for vehicular parking and storage. Specific Development Plan No. 80 Page 3 of 8 75C-79 B Setbacks. Front setback (Fourth Street). Maximum setback is zero; however, any appurtenance such as awnings, canopy, flagpoles, signage must obtain an easement and/or encroachment permit in order to be located so as to project into or over the right-of-way. A step-back of not less than one (1) foot from the front property line shall be implemented for the floors over three (3) stories, excluding basement. 2. Side (west). Maximum setback is zero. 3. Side (east). The historic "ghost sign" located on the adjacent building directly to the east of the subject site must be preserved and the north end of the "ghost sign" shall not blocked from public view. Therefore, the eastern side setback shall be a minimum of fifteen (15) feet for a length of thirty-seven (37) feet from the front property line so as to leave a clear view of the resources. Once at this thirty-seven (37) feet distance, no setback is required. 4. Rear (south). No setback required although, if parking is located off the alley, a minimum twenty-three feet, six inches (23'6") setback from the alley centerline shall be maintained to allow for driveway turning radius. C. Standards for dwelling units, live work community units, or commercial tenant spaces above first floor 1. A maximum of five (5) dwelling units, live work community units, or commercial tenant spaces for this project. 2. Each dwelling unit, live work community unit, or commercial tenant space shall be at least one-thousand (1,000) gross square feet in size. 3. Each dwelling unit, live work community unit, or commercial tenant space shall have bathroom facilities apart from other residential units, including a water closet, wash basin, and a bathtub or shower. 4. Each dwelling unit, live work community unit, or commercial tenant space shall have kitchen facilities apart from other units, including a kitchen sink, cooking appliances, and refrigerator. All such facilities shall have a clear working space of at least thirty (30) inches in front of and perpendicular to it. Specifc Development Plan No. 80 Page 4 of 8 75C-80 5. Each dwelling unit, live work community unit, or commercial tenant space first floor shall have its own storage area in the in the basement of the building. D. Standards for commercial tenant space at first floor. 1. Each commercial tenant space shall space shall be at least one-thousand, one-hundred (1,100) gross square feet. 2. Each commercial tenant space shall be provided a minimum of seven hundred-eighty (780) square feet of storage space which shall be made available within the basement of the building. E. Parking. 1. Parking provided on-site shall be provided by interior garage and parking lift. 2. Units above ground/street level shall be provided at a minimum of standards defined as: a. One (1) parking space for each unit with a size of one-thousand, six-hundred (1,600) gross square feet or less. . b. Two (2) parking spaces for each unit with a size of one-thousand, six-hundred and one (1,601) gross square feet up to three- thousand, two-hundred (3,200) gross square feet. . c. Three (3) parking spaces for each unit with a size of three- thousand, two-hundred and one (3,201) and larger gross square feet. . 3. No additional parking shall be required on site. 4. No guest parking shall be permitted within the parking lifts. F. Walls and Screening. 1. Except as provided in Section 6(G)(1)(c) below, any wall or fence shall be constructed in compliance with the SAMC and is subject to approval of the Planning Division. 2. Any equipment, whether on the roof, side of the building, or in the courtyard area, or on the ground, shall be screened. The method of screening shall be architecturally integrated with the building in terms of material, color, shape, and size. G. Landscape/Hardscape Standards. The final design satisfying the following requirements shall be subject to the review and approval of the Planning Manager: Specific Development Plan No. 80 Page 5 of 8 75C-81 1. A minimum of afive-hundred fifty-five (555) square foot courtyard shall be maintained at the front of the property so as not to obscure the historic "ghost sign" on the structure immediately east of the proposed building. a. This courtyard shall maintain a water feature, hardscape and landscape features to complement and highlight the historic "ghost sign". b. The courtyard area shall incorporate uplighting to highlight the historic "ghost sign" to enhance the visibility, attractiveness, and preservation of this cultural feature. This uplighting feature shall be on a timer so as to minimize the amount of exterior lighting from 10:00 p.m. to 7:00 a.m. c. The courtyard area shall incorporate seating, seat walls, water feature, lighting, artwork (such as sculpture or sculpturally designed fence and gate) and landscaping to provide visual interest and additional amenities within the area. All seating, benches, and surfaces shall be made of a durable material such as concrete, stone, or painted iron, and be designed to minimize effects from vandalism, weather, and incorporate graffiti resistant coatings. d. Landscaped areas within the courtyard area shall be irrigated using an automatic sprinkler system. The project shall have an approved Landscape Plan prior to construction permits being issued, and shall be fully implemented prior to issuance of Certificate of Occupancy. 2. First floor pedestrian amenities shall include lighting, and planters. These amenities shall be designed to minimize effects from vandalism, weather, and incorporate graffiti resistant coatings. Additional pedestrian amenities are encouraged for the site. 3. Roof deck amenities shall be provided for the use of each dwelling unit, live/work community unit, or commercial tenant space. These amenities shall include seating, seat walls, and landscape planters. Any permanent landscape feature must be irrigated using an automatic sprinkler system. The rooftop amenities shall be maintained and shall be designed to minimize effects from vandalism, weather, and incorporate graffiti resistant coatings. H. Architectural Design Features. The final design satisfying the following requirements shall be subject to review and approval of the Planning Manager: 1. Exterior Materials: Exterior materials and finishes will comply with site plan review approvals granted through the Planning Commission or City Council. Exterior materials on the first three floors shall include real stone on the facade. Exterior enclosures and similar ancillary structures are to match the proposed structure in terms of texture, materials, and color palette. Specific Development Plan No. 80 Page 6 of S 75C-82 2. Design Features: Any minor alterations and/or additions shall be in keeping with the original approved design of the structure in terms of scale, rooflines, materials, and color palette. Additionally, a written report shall be prepared by a qualified architectural historian and submitted to and approved by the Planning Manager demonstrating how the overall architectural design is compatible with the Downtown National Register District. 3. Lighting Standards/Fixtures: A minimum of one (1) foot candle of light shall be provided throughout the parking area and the parking apron. Specifications of light standards/fixtures and photometrics shall be submitted to the Planning Division and Police Department for approval prior to issuance of construction permits. 4. Except as provided in Section 4(G)(1)(b) above, there shall be no glare or spillover lighting into adjacent properties. All exterior glass materials on the exterior of the building shall be non-reflective. 5. The ceiling of the parking facilities shall be painted white, and be maintained to improve illumination and enhance safety within this area. The Planning Manager may approve minor modifications to the standards specified in this SD-80, provided that such changes are consistent with the purpose, scope, and intent of this document. The Planning Manager has the sole and absolute discretion to determine what constitutes a "minor modification". Section 7. signage A. All signage shall comply with the Santa Ana Municipal Code. A comprehensive sign program for the entire site, including, but not limited to, freestanding, wall, directional, addressing, permanent signs and graphics, shall be submitted and approved by the Planning Manager prior the issuance of any sign permit. B. The elevation directly facing Fourth Street shall be considered the primary elevation for signage purposes. Section 8. Refuse Collection Area Areas to handle the refuse for the development site shall be integrated into the building. At minimum, the project shall provide two (2) refuse collection areas measuring a minimum of eleven feet by seven feet (11' x 7') each. One collection area is to be used for refuse, and the other shall be for recycle materials. Such collection areas shall be enclosed and viewable by refuse collectors, with exterior materials such as concrete block with metal doors. Additionally, each collection area shall provide "chutes' to allow refuse from upper floors to collect within these areas to the extent required by AB239 or City of Santa Ana Ordinance and that determined by the Planning Division. Specific Development Plan No. 80 Page 7 of 8 75C-83 Section 9. Telephone, Electrical, Water, Gas, and Cable A. All on-site utilities shall be placed underground. B. Transformers of terminal equipment shall be visually screened from view from streets, and adjacent properties. C. There shall not be exposed downspouts, scupper drains, electrical or mechanical lines on the exterior of the building. All mechanical equipment shall be screened from view in an architecturally integrated manner, and shall not be visible from a distance of three-hundred feet (300') from ground level at a pedestrian height. D. Each unit shall be provided its own gas, electric, and water meters. Specifc Development Plan No. 80 Page 8 of 8 75C-84 KO - 10110/06 RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING SITE PLAN REVIEW NO. 2006- 07 AS CONDITIONED AND CONDITIONAL USE PERMIT NO. 2006-14 AS CONDITIONED FOR LIVE-WORK COMMUNITY FOR THE PROPERTY LOCATED AT 320 WEST FOURTH STREET WHICH IS WITHIN SPECIFIC DEVELOPMENT NO. 80 (SD-80) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-234, Amendment Application No. 2006-04 rezoning the property from Central Business -Artist's Village (C3-A) to Specific Development No. 80 (SD- 80), Conditional Use Permit No. 2006-13 to allow alive-work community, and approval of Site Plan Review No. 2006-07 to allow the construction of a new 16,000 square foot mixed-use building with 1,189 square feet of retail on the first floor, 3,544 of basement that includes parking and storage, as well as five live-work community units occupying the remaining upper floors for the property located at 320 West Fourth Street. B. Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-234, Amendment Application No. 2006- 04, Conditional Use Permit No. 2006-13, and Site Plan Review No. 2006- 07 came before the City Council of the City of Santa Ana for a public hearing October 23, 2006, and at that time considered all testimony, written and oral. C. On September 25, 2006, the Planning Commission held a duly noticed public hearing and unanimously voted to recommend that the City Council: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004- 234. 2. Adopt an ordinance approving Amendment Application No. 2006- 04. 3. Adopt a resolution approving Site Plan Review No. 2006-07 as Resolution No. 2006- Page 1 of 11 75C-85 conditioned. 4. Adopt a resolution approving Conditional Use Permit No. 2006-14 as conditioned. D. Conditional Use Permit No. 2006-13 has been filed with the City of Santa Ana seeking to allow alive-work community for the property located at 320 West Fourth Street. Santa Ana Municipal Code Section 41-638 authorizes the City Council to grant a conditional use permit upon making certain findings. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed new building will contribute to the general well being of the area by providing new pedestrian friendly commercial space along the predominantly commercial Fourth Street corridor on a lot that has been vacant for a long period of time. Further, the proposed residential land use in the upper floors of the proposed building will only enhance the vibrancy of the Downtown by bringing additional consumers and entrepreneurs directly to the area. ii. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity? The proposed residential land use in the upper floors of the proposed building will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity. The parking garage is secured via remote control access only to allow for secure use of the parking area for residents. Additionally, the alley will be well-lit to as to offer increased safety and more visibility to drivers. The parking area will also be enhanced through a mirror to allow drivers backing into the alley to see oncoming traffic. Oncoming traffic will be notified when a vehicle is backing out of the parking area through the use of a flasher light triggered by the garage door opening. The front courtyard area of the building will be enclosed with a safety gate to prevent vandalism and graffiti. Resolution No. 2006- Page 2 of 11 75C-86 iii. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The new building, in conjunction with high quality landscape, hardscape and architectural style and materials, will be visually pleasing and offer a highly improved appearance from the vacant lot. The overall economic stability of the area will be strengthened as a result of new commercial services being added to the area. iv. Will the proposed use comply with the regulations and conditions specified in Chapter 41 of the Santa Ana Municipal Code for such use? The proposed building with commercial on the ground floor/street level and residential uses on the upper floors will operate in compliance with Specific Development No. 80 and the Santa Ana Municipal Code. The courtyard which will be visible from the public right-of-way will be landscaped and provide visual interest through the use of high quality hardscape, seating, seat walls, and water feature. The proposed project meets the intent of live/work projects that are allowed via C3-A zoning. v. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use is in keeping with the density and uses identified by the General Plan designation of District Center. The project supports General Plan Land Use Policy Number 1.0 which calls for the promotion of a balance of land uses to address basic Land Use Policy Number 2.0 which calls for the promotion of land uses to enhance the City's economic and fiscal viability. The mixed use project accomplishes both these goals simultaneously. E. Site Plan Review No. 2006-07 has been filed with the City of Santa Ana seeking to allow the construction of a new 16,000 square foot mixed-use building with 1,189 square feet of retail on the first floor, 3,544 of basement that includes parking and storage, as well as five live-work community units occupying the remaining upper floors for the property located at 320 West Fourth Street. Resolution No. 2006- Page 3 of 11 75C-87 Section 2. The City Council has reviewed and considered the information contained in the initial study and the mitigated negative declaration and mitigation monitoring program, Environmental Review No. 2004-234, prepared with respect to this Project. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a mitigation negative declaration and mitigation monitoring program adequately addresses the expected environmental impacts of this Project. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. The City Council hereby certifies and approves the mitigated negative declaration and mitigation monitoring program and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Pursuant to Title XIV, California Code of Regulations ("CCR") § 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. The City Council of the City of Santa Ana hereby, approves Site Plan Review No. 2006-07 as conditioned in Exhibit "A" attached hereto and incorporated herein and Conditional Use Permit No. 2006-14 as conditioned in Exhibit "B" attached hereto and incorporated herein. These decisions are based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Planning Commission Action dated October 16, 2006 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Section 4. This Conditional Use Permit and Site Plan Review is expressly conditioned upon adoption by the City Council of an Amendment Application rezoning the property located at 320 West Fourth Street from Central Business -Artist's Village (C3-A) to Specific Development No. 80 (SD-80) (AA No. 2006-04). The rights of the applicant under this Conditional Use Permit and Site Plan Review shall not vest until the effective date of such ordinance. Should no such zoning ordinance amendment become effective, then this Resolution is null and void and of no effect. Resolution Na. 2006- Page 4 of 11 75C-88 ADOPTED this _ day of 2006. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attomey By:, Kylee O. Otto Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2006- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2006- Page 5 of 11 75C-89 Conditions for Approval for Site Plan Review No. 2006-07 Site Plan Review No. 2006-07 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval: The applicant must comply with each and every condition listed below rigor to exercising the rights conferred by this site plan review. The applicant must remain in compliance with all conditions listed below throughout the life of the development project. Failure to comply with each and every condition may result in the revocation of the site plan review approval. A. Plannina Division Site Plan Review No. 2006-07 shall become void at such time as Conditional Use Permit No. 2006-14 becomes void pursuant to the Santa Ana Municipal Code, Chapter 41. EXHIBIT A Resolution No. 2006- Page 6 of 11 75C-90 Conditions for Aaaroval for Conditional Use Pennit No. 2006-14 Conditional Use Permit No. 2006-14 is approved subject to compliance to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code, and all other applicable regulations. The applicant must comply in full with each and every condition listed below ria or to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in revocation of the conditional use permit. B. Plannina Division 1. Comply with all conditions and requirements from the Development Review Committee (DRC) for the development project (DP2004-91). 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The buildings shall be of wood or steel construction with a quality and durable exterior materials as shown on the architectural plans, material boards and material specifications submitted for this project. Exterior materials shall include a real stone product on the fagade of the first three floors of the building. 4. The exterior east wall shall be reviewed in detail for potential aesthetic improvements, and/or the potential for temporary signage. Additionally, plant material should be included on the roof deck that may spill over the wall to soften the hard edges of the top floors of the architecture. 5. Prior to issuance of building permits, the interior building amenities shall be submitted for review by the Planning Division. The amenity package submitted for review shall include but not be limited to flooring, staircase railings, doors and hardware, kitchen appliances and cabinetry, dual bowl sinks and fixtures, the walls, tiled showers enclosures and kitchen countertops of stone the or stone slab, or their equivalent. At minimum, the amenities will include the equivalent or higher grade of a General Electric Monogram Series product line for the kitchen appliances. Exhibit B Resolution No. 2006- Page 7 of 11 75C-91 6. Prior to issuance of building permits, size specifications and details regarding each unit's access to elevators, shall be provided to the Planning Division. 7. The project shall include eight parking spaces utilizing a Klaus P310 parking lift. Detailed drawings and specifications shall be provided regarding the parking lift's operation, size, and mechanics. Each residential unit shall be allotted parking per the standards stated in Specific Development 80. 8. The parking garage shall provide insulated garage door(s) with automatic opener, transmitter and remotes. Prohibit all first levels from any encroachment for use as bedroom space. The first floor (street level) is to be used for retail/gallery area as defined in Specific Development 80. 10. Covenants, Conditions, and Restrictions (CC&Rs) must be approved by the Planning Manager prior to the issuance of any building permit. Such CC&Rs must contain at a minimum, the following: a. Project and site maintenance. b. Standards shall be established for the exterior maintenance of each unit within the community. c. Graffiti removal will be required within 48 hours. d. Assignment of repair of perimeter walls/fencing will be specified in the CC&Rs in the event of damage. e. CC&Rs are to be in effect in perpetuity. f. Any proposed modifications to the CC&Rs will require approval by the City of Santa Ana. g. The use of professional management to ensure a quality operation and maintenance. h. The site restrictions regarding to number of parking spaces. i. The site restrictions regarding the turning radius into the garage area. j. Types of commercial/businesses allowed in the residential areas. k. Number of employees to be limited to two per 1,000 square feet of gross floor area of the unit. I. No more than one business per residential unit. m. Standards shall be established for the ongoing maintenance of the parking lift. n. The use of a unique parking facility (parking lift) shall indemnify the City of Santa Ana for any liability for any potential accidents or injuries resulting from this facility. Resolution No. 2006- Page 8 of 11 75C-92 o. A covenant establishing the City of Santa Ana's release of liability regarding the unique parking facility (parking lift) shall be recorded with the County of Orange Recorder's Office. 11. A tentative tract and final tract map shall be approved prior to the applicant exercising the rights conferred by this conditional use permit. 12. This conditional use permit shall be null and void and of no force and effect unless and until the City Council, in the exercise of its sole discretion, approves a tentative tract map for this project. 13. The proposed structure shall be built to all applicable commercial codes established by the 2001 California Building Code, and shall be compliant with the Americans with Disabilities Act to allow for the commercial uses on upper floors. 14. Prior to issuance of building permits, the exterior building amenities, materials and finishes, and balcony railings shall be submitted for review and approval by the Planning Division. Exterior glass shall be Class "A" and blue or green non-reflective, safety material. 15. Prior to issuance of building permits, specifications and details of the rollup window covers shall be provided to the Planning Division for review and approval. 16. Prior to issuance of building permits, the exterior building amenities, specifically the courtyard area at street level, water feature, street furniture and seating, security fencing, as well as materials and finishes shall be submitted for review and approval by the Planning Division. 17. The applicant shall provide a plan for lighting and landscape maintenance. The lighting and landscape plan and design will be reviewed by the Planning Division during the plan check phase. 18. Prior to issuance of building permits, the exterior building amenities, specifically for the roof deck area, as well as materials and finishes, and roof deck railings, and accessibility shall be submitted for review and approval by the Planning Division. This submittal shall include landscape and hardscape details, as well as furniture, any proposed water feature, and/or any recreational amenity. Resolution No. 2006- Page 9 of 11 75C-93 19. Prior to issuance of building permits, details regarding each unit's access to the roof deck, as well as elevator specifications, shall be submitted for review and approval by the Planning Division. 20. Prior to issuance of building permits, details of the building's security feature for visitors to contact individual units for entry shall be submitted to the Planning Division and Police Department for review and approval. 21. Prior to issuance of building permits, submit for review a plan outlining the design of the fire access location, as well as automatic fire sprinklers, fire alarms, and standpipe systems. 22. Prior to issuance of building permits, submit a plan for review indicating the location of utility vaults, transformers, check valves, air conditioning units, and gas and water meters. These appurtenances shall be screened from public view and be integrated into the building's architecture. 23. Prior to issuance of building permits, submit a plan for review indicating the location of all water heaters. These mechanical items are to be within the footprint of the building. 24. Prior to issuance of building permits, submit a Historic American Building Survey (NABS) related to the historic ghost sign on the easterly adjacent building that is completed by a qualified Architectural Historian to the Planning Division for review and archival purposes. 25. Prior to issuance of building permits, submit a proposal for an interpretative sign and display to be mounted on the Fourth Street building facade at street level related to the historic ghost billboard for review and approval by the Planning Division. This interpretative sign shall include photographs of the billboard, as well as a narrative description of the billboard's historical aspects. 26. Prior to issuance of building permits, an address directory/plan with accompanying floor plan must be submitted to the Planning Division for approval. 27. Prior to issuance of building permits, an onsite mailbox location for all units must be submitted to the Planning Division and approved by both Planning and the United States Post Office for location and method of operation. Resolution No. 2006- Page 10 of 11 75C-94 28. Prior to issuance of Certificate of Occupancy, a mirror shall be installed in such a way to allow those backing into the alley from the project's parking garage, to see oncoming traffic from said alley. This mirror may not project into the right-of-way. Should the mirror be required to be installed on an adjacent property, an easement shall be obtained from the owner of said adjacent property. 29. Prior to issuance of Certificate of Occupancy, a flashing traffic/warning light shall be installed to alert drivers headed east in the alleyway that a vehicle is emerging from the project's parking garage. Should the flasher be required to be installed on an adjacent property, an easement shall be obtained from the owner of said adjacent property. 30. Prior to issuance of Certificate of Occupancy, the building address number shall be posted on the building's fagade, facing Fourth Street, in a minimum of four-inch letters. 31. Prior to issuance of Certificate of Occupancy, a sign program shall be submitted to the Planning Division for review and approval which includes a building address directory. Resolution No. 2006- Page 11 of 11 75C-95 75C-96 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 16, 2006 TITLE: PUBLIC HEARING - EMERGENCY ORDINANCE REGULATING MEDICAL MARIJUANA DISPENSARY USES ~--~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s~ Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt an emergency ordinance extending the prohibition on the medical marijuana dispensary uses in the City of Santa Ana for a period of one year. DISCUSSION On August 15, 2005, the City Council adopted an emergency ordinance that prohibited medical marijuana uses in the City of Santa Ana for a period of one year. Although the City has not recently received inquiries about establishing a medical marijuana dispensary, the City's General Plan and zoning code do not specifically address this type of use. It is not feasible to determine whether a medical marijuana dispensary can be legally established within the City since a conflict exists between California State law and federal law. State law allows marijuana manufacture, distribution, and possession to serve specific medical needs, yet federal law strictly prohibits the manufacture, distribution, or possession of marijuana due to its high potential for abuse. Further, the United States Supreme Court has held that the federal government has the power to regulate and prohibit intrastate medical marijuana use under the Controlled Substances Act, 21 USC Section 801 et seq. If medical marijuana dispensaries are unregulated and permitted in the City, they will pose a serious threat to the public interest, health, safety and welfare. Staff has conducted surveys of various cities to review ordinances and policies that have been adopted by those cities. Some cities, such as Cypress, Costa Mesa, and Huntington Beach have adopted ordinances that prohibit medical marijuana uses. Other cities, such as Newport Beach, Buena Park, and Irvine, have opted to wait for clear legal guidelines prior to the adoption of such an ordinance. As of October 6, 2005, there were at least 56 California localities with moratoriums and 13 with 75D-1 Emergency Ordinance Regulating Medical Marijuana Dispensary Uses October 16, 2006 Page 2 permanent bans. Additionally, there have been lawsuits filed against the cities of Concord, Pasadena and Susanville, as well as Riverside County, in response to their permanent ban ordinances. The legal ramifications of medical marijuana dispensaries are still under review, and no clear legal guidelines have been established on this topic. Due to the conflicts existing between California State and federal laws, and the absence of clear legal guidelines, it is recommended that the City Council adopt a one-year emergency interim ordinance to enact a moratorium that prohibits medical marijuana dispensary uses in the City of Santa Ana to allow the City to review the outcome of pending legal actions. FISCAL IMPACT There is no fiscal impact associated with this action. J y M. Trevino xecutive Director Planning & Building Agency HS:rb Hs: medical-marijuanaordinance\one-yrmoratorium_medical_mar ij uanacc 75D-2 ORDINANCE EMERGENCY ORDINANCE OF THE CITY OF SANTA ANA EXTENDING THE TEMPORARY MORATORIUM ON THE CONSTRUCTION OR ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of Santa Ana hereby finds, determines and declares as follows: A. Provisions of the General Plan of the City and Chapter 41 of the Santa Ana Municipal Code do not specifically identify medical marijuana dispensaries as land use or designate zoning districts throughout the City where medical marijuana dispensaries may be permitted. B. For this reason, on July 18, 2005, at a regularly scheduled public meeting the City Council adopted Ordinance No. NS-2693, which established a moratorium on the construction or establishment of a medical marijuana dispensary (hereafter "the moratorium ordinance"). By its own terms the moratorium ordinance expired 45 days following its adoption. C. Thereafter, on August 15, 2006, at a regularly scheduled public meeting the City Council, after holding a noticed public hearing, adopted Ordinance No. NS-2694, which extended the moratorium ordinance. D. Since the initial adoption of the moratorium ordinance, staff of the City has conducted surveys of various cities to review ordinances and policies that have been adopted by those cities. Staff research has disclosed that some cities, such as Cypress, Costa Mesa, and Huntington Beach have adopted ordinances that prohibit medical marijuana uses. Other cities, such as Newport Beach, Buena Park, and Irvine, have opted to wait for clear legal guidelines prior to the adoption of such an ordinance. As of October 6, 2005, there were at least 56 California localities with moratoriums and 13 with permanent bans. Additionally, there have been lawsuits filed against the cities of Concord, Pasadena and Susanville, as well as Riverside County, in response to their permanent ban ordinances. E. Because of its age, current provisions of the Santa Ana Municipal Code fail to fully take into account the potential impacts associated with the establishment of medical marijuana dispensaries and fail to address the needs of the City and its residents today and in the future. As such, provisions of the General Plan and the Santa Ana Municipal Code ("the Code") need review, study and Ordinance No. NS - XXXX Page 1 of 6 75D-3 possible revision in order to respond to recent concerns relating to the impacts of medical marijuana dispensaries and the potential establishment of new medical marijuana dispensaries in the City. F. Given these concerns, the City Council has requested, in adopting the moratorium ordinance, that a study be undertaken of the current provisions of the General Plan and Chapter 41 if the Code to classify medical marijuana dispensaries and determine whether such businesses should be permitted in the City and if so, where, and under what conditions. G. Without adoption of an extension to the moratorium ordinance, properties in the City would quickly receive entitlements to establish medical marijuana dispensaries despite the fact that the city council has determined that the Code is in need of updating and has directed that a study be done to recommend new standards and revise the Code to address concerns created by medical marijuana dispensaries. H. It has come to the City Council's attention that at least one individual has approached city staff seeking entitlements to establish a medical marijuana dispensary. I. The City is not, at this time, able to determine if medical marijuana dispensaries can legally be established within the City for the following reasons: 1. In 1996, the voters of the State of California approved Proposition 215 ("the Act"), codified as Health and Safety Code Section 11362.5, of seq. 2. The intent of Proposition 215 was to enable persons who are in need of medical marijuana for medical purposes to obtain and use it under limited, specified circumstances. 3. On January 1, 2004 SB 420, codified as Health and Safety Code Section 11362.7 et seq., was enacted by the Legislature to clarify the scope of the Act and to allow cities and counties to adopt and enforce rules and regulations consistent with SB 420 and the Act. 4. The Santa Ana Municipal Code does not address in any manner medical marijuana dispensaries. 5. Recently, the United States Supreme Court addressed medical marijuana use in Gonzales v Raich (2005) 125 S. Ct. 2195. In Raich, the Court held that the federal government has the power to regulate and criminalize medical marijuana use and legally does so. Ordinance No. NS - XXXX Page 2 of 6 75D-4 6. The federal Controlled Substances Act, 21 U.S.C. Section 801 et seq., classifies marijuana as a Schedule I drug because of its high potential for abuse, lack of any accepted medical use, and absence of any accepted safe use. The manufacture, distribution, or possession of a Schedule I drug is a criminal offense under the Controlled Substances Act. 7. There is a conflict between California State law, which allows marijuana manufacture and distribution in special circumstances of medical need, and federal law, which criminalizes the manufacture, distribution or possession of marijuana. 8. The United States Supreme Court addressed but may not have resolved the conflict between state and federal law in Raich. In Raich, the United States Supreme Court held that federal law prevails over state law if there is a conflict. The United States Supreme Court did not, however, expressly strike down Proposition 215. 9. Until such time as the conflict between state and federal law is conclusively resolved, the City will be unable to determine if medical marijuana dispensaries can legally be established and regulated within the city. J. If medical marijuana dispensaries are permitted in the City and left unregulated, they will pose a serious threat to the public interest, health, safety and welfare for the following reasons: 1. Medical marijuana dispensaries established in other cities have been associated with increases in illegal drug activity, illegal drug sales, robbery of persons leaving dispensaries, loitering around dispensaries, falsely obtaining 'identification cards' to qualify for medical marijuana and other increases in criminal activity (San Francisco Chronicle, W. Buchanan, "San Francisco Operating With No Oversight, City Officials Debate How to Rein in Growth of the Shops and Those Who Abuse Prop. 215's Intent," April 24, 2005.) 2. Medical marijuana dispensaries if allowed in the City under the current state of the City's regulations will have adverse secondary effects on surrounding properties, including but not limited to lowering property values and introducing incompatible land uses to existing neighborhoods. K. In order to prevent frustration of said studies and the implementation thereof, the public interest, health, safety and welfare require the immediate enactment of this ordinance. The absence of this ordinance would create a serious threat to the orderly and effective implementation of any code Ordinance No. NS - XXXX Page 3 of 6 75D-5 amendments, general plan amendments or specific plan amendments which may be adopted by the city as a result of the studies in that the establishment or construction of medical marijuana dispensaries may be in conflict with or frustrate the contemplated updates and revisions to the Code, general plans or specific plans. Moreover, permitting such medical marijuana dispensaries to be established or constructed during said studies and implementation would create impacts on the public health, safety and welfare that the city council, in adopting this ordinance, has found to be unacceptable. L. The Request for Council Action for this ordinance dated October f 6, 2006, and duly signed by the City Manager shall, by this reference, be incorporated herein, and together with this ordinance, any amendments or supplements, and oral testimony constitute the necessary findings for this ordinance. This Request for Council Action specifically describes and reports to the Council the measures staff has taken to alleviate the conditions which led to the adoption of the initial moratorium ordinance. M. The City Council has held a duly noticed public hearing prior to its consideration of this emergency ordinance providing for an extension of the moratorium ordinance and has considered all of the written and oral testimony offered concerning whether to adopt this emergency ordinance. N. The city council finds, determines and declares that the current and immediate threat to the public health, safety and welfare of the city and its citizens necessitates the immediate enactment of the ordinance. The facts constituting such urgency are set forth in paragraphs A-N of this ordinance. O. The City Council further finds that this ordinance constitutes a matter of citywide importance and is not directed towards nor targeted at any particular parcel of property or proposed occupant. Section 2. Prohibition No medical marijuana dispensary, whether as a primary or ancillary use, shall be established, constructed, permitted or expanded in the City of Santa Ana. Section 3. Definitions For the purposes of this ordinance, the following terms shall be defined as follows: A. "Medical marijuana dispensary" shall mean any facility or location where a primary caregiver intends to, or does, cultivate, make available, sell, give or otherwise provide medical marijuana to two or more individuals who can be classified as the following: a qualified patient, a person with an Ordinance No. NS - XXXX Page 4 of 6 75D-6 identification car, or a primary caregiver. For the purposes of this ordinance, the terms "primary caregiver," "qualified patient," and "person with an identification card" shall have the same meaning as that set forth in Health and Safety Code Section 11362.5 et seq. B. "Primary use" shall mean a use that is not an ancillary use. C. "Ancillary use," shall be defined as that term is defined in section 41-13.5 of the Code Section 4. Pursuant to section 415 of the city's charter, this interim ordinance is introduced, passed and adopted at the same meeting and shall take effect immediately. It shall be effective for a period of one (1) year from the date of its adoption, and thereafter shall be null and void. Section 5. It shall be unlawful and a misdemeanor for any person to violate or fail to comply with any provision of this ordinance or any provision of Ordinance Nos. NS-2693 or NS-2694. The violation of any provision of this ordinance or any provision of Ordinance Nos. NS-2693 or NS-2694 shall be punished as provided in Section 1-8 of the Code. Section 6. The Clerk of the Council shall certify to the adoption of this ordinance and cause the same to be published in the manner prescribed by law. Section 7. This ordinance is introduced, passed and adopted at one and the same meeting and is thereafter immediately effective. The city council finds that this ordinance is necessary to protect the public safety, health and welfare. The reasons for the emergency are set forth in Section 1, paragraphs A-O, inclusive of this ordinance. ADOPTED this day of , 2006. Miguel A. Pulido Mayor Ordinance No. NS - XXXX Page 5 of 6 75D-7 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Ordinance No. NS - XXXX Page 6 of 6 75D-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 16, 2006 TITLE: PUBLIC HEARING - ISSUANCE OF TAX EXEMPT BONDS FOR CITY GARDENS APARTMENTS o---~- CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1" Reading ^ Ordinance on 2ntl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution approving the issuance of tax-exempt, multi-family housing revenue bonds in an amount not to exceed $8,400,000 by the Housing Authority of the City of Santa Ana for the purpose of refunding Housing Authority bonds issued December 19, 1996, for City Gardens Apartments. DISCUSSION City Gardens Apartments is located at 2901 N. Bristol (Exhibit 1). It is a 274-unit complex composed of one and two bedroom units. On December 19, 1996, the Housing Authority of the City of Santa Ana issued tax exempt mortgage revenue bonds to finance acquisition and rehabilitation of the project by its current owner, LILAC - Bristol Associates 1, LP (owner). The existing bonds are subject to a mandatory redemption on December 1, 2006, and the owner has requested that the Housing Authority issue bonds for the purpose of refunding the existing bonds in the amount not to exceed $8,400,000 and to refinance subordinate debt. The refinancing of the subordinate debt will lower the interest rate on the debt and will increase the cash flow to the project. The bonds are considered `conduit" obligations. This means that the Housing Authority will issue the bonds, although the developer is the borrower and is responsible for repayment. The bonds are repaid strictly from the development under the project mortgage. There is no recourse to the City of Santa Ana, the Housing Authority or the Community Redevelopment Agency. The owner was required to reserve twenty percent, or 55 units, for occupancy at affordable rents by households whose incomes do not exceed forty percent of the Orange County area median income. With the 75E-1 P. H. - Issuance of Tax Exempt Bonds for City Gardens Apartments October 16, 2006 Page 2 refunding of the bonds, the existing affordability requirement will be extended to December 19, 2011, and will help preserve this affordable housing option. Prior to bonds being sold, the legislative body within the jurisdiction where the project is located must hold a public hearing at which time the public may discuss the project and the issuance of the bonds. On October 1, 2006, notification of the public hearing was published in the Orange County Register. FISCAL IMPACT There are no fiscal or economic liabilities or obligations assumed or imposed upon the City of Santa Ana as a result of the public hearing or the adoption of the resolution. ,/ Stephen G. H rding Deputy City anager for Development Services SGH/TG/mlr H: \ACTIONS\2006 CC\PH - IssuTaxExBOnds CityGardens 10-16-06.doc 75E-2 CITY GARDENS APARTMENTS 2901 N. Bristol Street N EXHIBIT 1 75E-3 9/27/06 les RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE REFUNDING BONDS BY THE HOUSING AUTHORITY OF THE CITY OF SANTA ANA FOR THE PURPOSE OF REFINANCING THE ACQUISITION AND REHABILITATION OF CITY GARDENS APARTMENTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA, AS FOLLOWS: Section 1: The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The Housing Authority of the City of Santa Ana (the "Authority") is authorized by Article 11 of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the "Law"), to issue and sell refunding revenue bonds for the purpose of refunding outstanding bonds of the Authority, and the Law provides a complete, additional and alternative method for such financing, B. The Authority has previously issued its Housing Authority of the City of Santa Ana Multifamily Housing Revenue Bonds (City Gardens Apartments, 1996 Series C in the original principal amount of $10,425,000 (the "Prior Bonds") for the purpose of providing financing for the acquisition and rehabilitation of a 274-unit multifamily residential rental project and underlying land and related and appurtenant facilities located at 2901 N. Bristol Avenue in the City of Santa Ana, California and known as City Gardens Apartments (the "Project"), located within the area of operation of the Authority. C. LINC-Bristol Associates I L.P., a California limited partnership (the "Owner") has requested the Authority to issue and sell refunding revenue bonds (the "Bonds") pursuant to the procedures specified in the Law for the purpose of refunding the Prior Bonds. D. The Bonds will be considered to be "qualified exempt facility bonds" under Section 142 (a) of the Internal Revenue Code of 1986, as amended (the "Code"), and Section 147(f) of the Code requires that the "applicable elected representatives" with respect to the Authority hold a public hearing with respect to the issuance of the Bonds. E. The Authority has determined that the City Council of the City of Santa Ana is the "applicable elected representatives" to hold said public hearing. F. Notice of said public hearing has been duly given as required by the Code, and this City Council has heretofore held such public hearing at which all interested persons were given an opportunity to be heard on all matters relative to the financing and operation of the Project and the Authority's issuance of the Bonds. 75E-4 9/27/06 les G. The Project is located wholly within the geographic jurisdiction of the City. H. The City Council of the City of Santa Ana, as the "applicable elected representatives" of the Authority, approves of the issuance of the Bonds as in the public interests of the Authority. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 2. The City Council hereby finds and determines that the foregoing recitals are true and correct. Section 3. Pursuant to the Code, the City Council hereby approves the issuance of the Bonds by the Authority to refinance the Project. It is the purpose and intent of the City Council that this resolution constitutes approval of the issuance of the Bonds by the applicable elected representatives of the governmental unit having jurisdiction over the area in which the Project is located, in accordance with the Code. Section 4. The issuance of the Bonds shall be subject to approval by the Authority of all financing documents relating thereto to which the Authority is a party and subject to the sale of the Bonds by the Authority to the underwriter thereof. Section 5. This resolution shall take effect immediately. 75E-5 9/27/06 les ADOPTED this day of , 2006. APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Lisa E. Storck Assistant City Attorney AYES: NOES: Councilmembers: Councilmembers: Miguel A. Pulido Mayor ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the attached Resolution No. 2006- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of Council City of Santa Ana 3 75E-6